14 May 2012
BABCOCK FITZROY LTD V "THE M/V SOUTHERN PASIFIKA" HC AK CIV-2011-404-001906
- Citation
- openlaw-3b78934b_f365_46c7_9800_49d9b17d2f62.pdf
- Court
- High Court
A repairer who held a valid possessory lien and who legitimately invoked the court's Admiralty in rem processes did not forfeit priority by causing arrest and sale; the court may preserve the repairer's lien by directing a notional lien over sale proceeds, and Woolford J's direction doing so was correct and is upheld.
- Possessory lien
- In rem proceedings
- Ship mortgage priority
- Attachment to sale proceeds
- Arrest and sale of ship