Sale of ship pending litigation adjourned to allow evidence on Greek crew rights law.
Cipro (CY)
Sintesi Legislator
Generato dall'IAThe court granted an adjournment to the application for the sale of the defendant ship pending litigation. Plaintiffs opposed the delay, arguing it would determine disputed legal issues, while caveators requested time to prove Greek Law's applicability regarding their rights. The court ruled that selling the ship is an exceptional measure and adjourned the case to allow evidence on Greek statutory provisions before deciding.
Regesto Legislator
Generato dall'IAAdmiralty Act; Sale of ship pendente lite: Such sale is an exceptional measure warranting adjournment only if circumstances require it, particularly when crew rights under foreign law are contested.
Parole chiave
Generato dall'IADecisioni correlate
Generato dall'IATesto completo
[*273] 1979 September
(TRIANTAFYLLIDES, P.)
ADMIRALTY JURISDICTION
Trade Development Bank,
Plaintiffs.,
and
The Ship "ARIADNI PA"
Defendant.
(Admiralty Action No.198/79).
Practice - Adjournment - Application for sale of defendant ship pendente lite - Such sale an exceptional measure to be resorted to only if circumstances of a particular case warrant such a course
- Adjournment of application to enable parties to place evidence regarding the relevant provisions of Greek Law, as well as any other material in relation to its applicability.
E. Montanios with A. Skordis, for Plaintiffs.
X. Xenopoulos, for the defendant ship and her owners.
L. Papaphilippou, for the caveators under caveats Nos. 44/79 and 45/79.
E. Lemonaris, for the caveators under caveat No. 46/79 and for the charterers of the defendant ship, as interveners.
RULING
The following ruling was, delivered by:-
TRIANTAFYLLIDES, P. : During the hearing, on [*274] September 22, 1979, of an application by the plaintiffs in this action for an order directing the sale of the defendant ship pendente lite, counsel for the caveators under caveats Nos. 44/79 and 45/79 - who are members of the crew of the ship - raised the issue of the applicability of Greek Law as regards the rights of the caveators on the ship, in View of the fact that she is flying the Greek flag and the caveators were recruited in Greece.
He applied for an adjournment in order to adduce the necessary proof of the relevant provisions of Greek Law.
Counsel for the plaintiffs objected to an adjournment, on a number of grounds, some of them involving the determination of hotly disputed issues of law, one of them being the applicability of Greek Law to a proceeding such as the present application.
In view of the fact that an order for the sale of a defendant ship pendente lite is an exceptional measure to be resorted to only if the circumstances of a particular case warrant such a course, and as the rights, if any, of the Crew on the ship is a matter related to the making of such an order, I have decided, in the light of all relevant considerations, that this is a proper case in which to grant an adjournment in order to enable counsel for the aforesaid caveators to place before me, within one week from today, evidence, by way of affidavit, regarding the relevant provisions of Greek Law, as well as any other material in relation to its applicability. [*275]
Other counsel may file affidavits regarding the same matter within one week thereafter.
In the light of the affidavits I shall then decide whether it is proper to allow oral evidence to be adduced in order to prove the relevant provisions of Greek Law.
The question of costs of this adjournment to be borne in any event by the aforementioned caveators.
Order accordingly.