Vendesto Ltd (MA 92/2020 (arising in CS 173/2019)) [2020] SCSC 549 (13 July 2020)

Vendesto Ltd (MA 92/2020 (arising in CS 173/2019)) [2020] SCSC 549 (13 July 2020)

The balance of convenience favours granting the application as the applicant would suffer prejudice if the rice is not released, while the respondent's claim for the disputed sum is already secured by a counterclaim. The respondent has no legal right to retain the shipment under a separate contract.

Citation
[2020] SCSC 549
Parties
Applicant: Vendesto Ltd; Respondent: Maersk Line A/S
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
13 July 2020
Case Number
MA 92/2020 (arising in CS 173/2019)
Procedural Posture
Ex Parte Interlocutory Application / Ruling on Urgent Interlocutory Injunction
Outcome
Application granted
Legal Topics
Interlocutory Injunction, Seizure of Goods, Shipping Contracts
Source Language
English
Civil Procedure Contract Law Interlocutory Injunction Seizure of Goods Shipping Contracts

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Parties

Vendesto Ltd

Applicant

Maersk Line A/S

Respondent

Procedural Posture

Ex Parte Interlocutory Application / Ruling on Urgent Interlocutory Injunction

Legal Issues

  1. 1 Whether the respondent is lawfully entitled to seize a shipment under a separate bill of lading to secure payment of a disputed debt under another bill of lading
  2. 2 Whether the applicant is entitled to an interlocutory injunction for release of the shipment

Ratio Decidendi

The balance of convenience favours granting the application as the applicant would suffer prejudice if the rice is not released, while the respondent's claim for the disputed sum is already secured by a counterclaim. The respondent has no legal right to retain the shipment under a separate contract.

Court Disposition

Application granted

Orders

  • Respondent to release the shipment of rice under bill of lading No. 589607399, Manifest No: 20/24 upon payment of all outstanding charges owed by the applicant in respect of that shipment
  • No order as to costs