4 Jul 2013
WESTPARK BOAT BUILDERS LTD v THE SHIP "BAYLINER 38" [2013] NZHC 1690
- Citation
- [2013] NZHC 1690
- Court
- High Court
On the evidence and pleadings the claim was properly brought in rem under Admiralty Act 1973 s 4(1)(m) because it was a claim in respect of repairs; the instalment/settlement document was equivocal and did not discharge the underlying claim on the present material; beneficial ownership by a third party was not established so joinder was not required; vessel to be released on security reflecting a broad, proportionate assessment of the plaintiff's best reasonably arguable case; security for costs ordered given lack of financial disclosure and associated risk of inability to pay defendants' cos…