Ex Parte: Dyer Enterprise Pty Ltd (MA 75/2018) [2018] SCSC 8130 (28 March 2018)

Ex Parte: Dyer Enterprise Pty Ltd (MA 75/2018) [2018] SCSC 8130 (28 March 2018)

Given the urgency, the imminent departure of the vessel, and the impracticability of serving the defendant before the action occurs, the court finds it appropriate to grant an ex parte interim injunction as sought by the applicant.

Citation
[2018] SCSC 8130
Parties
Applicant: Dyer Enterprise (Pty) Ltd; Defendant: Defendant in CS 40/2018
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
28 March 2018
Case Number
MA 75/2018
Procedural Posture
Civil / Ex Parte Interim Injunction
Outcome
ex parte interim injunction granted
Legal Topics
Injunction, Urgent Application, Maritime Law
Source Language
English
Civil Procedure Injunction Urgent Application Maritime Law

Case Brief

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Parties

Dyer Enterprise (Pty) Ltd

Applicant

Defendant in CS 40/2018

Defendant

Procedural Posture

Civil / Ex Parte Interim Injunction

Legal Issues

  1. 1 Whether an urgent ex parte interim injunction should be granted to prevent removal of the vessel M/Y SEA LEOPARD from Seychelles Waters

Ratio Decidendi

Given the urgency, the imminent departure of the vessel, and the impracticability of serving the defendant before the action occurs, the court finds it appropriate to grant an ex parte interim injunction as sought by the applicant.

Court Disposition

ex parte interim injunction granted

Orders

  • The defendant and/or her agents, captain, representatives and/or third parties are prohibited from removing the vessel M/Y SEA LEOPARD from its current Eden Island South Marina and/or Seychelles Waters with immediate effect.
  • The Seychelles Ports Authority and/or the Harbour Master is ordered to hold the vessel M/Y SEA LEOPARD and prohibit or restrict it from leaving its current Eden Island South Marina and/or Seychelles Waters with immediate effect.