Court dismisses loan sanction application for crew wages where claims are disputed and crew were recruited by charterers.
Cipro (CY)
Sintesi Legislator
Generato dall'IAThe court dismissed the plaintiff's application to sanction a loan for paying disputed crew wages and emoluments. The plaintiff argued for pro rata payment, but the defendant contended that the claims were not admitted and the crew were recruited by charterers rather than the ship owners. Consequently, the court refused the order because the underlying claims were hotly disputed and the contractual relationship lay with the charterers.
Regesto Legislator
Generato dall'IAAdmiralty Act 1972; Merchant Shipping Act 1972: Where crew claims for wages are disputed and the crew were recruited by charterers rather than owners, the court will not sanction a loan to pay such pro rata wages.
Parole chiave
Generato dall'IADecisioni correlate
Generato dall'IATesto completo
[*276] 1979 September 28
(TRIANTAFYLLIDES, P.)
ADMIRALTY JURISDICTION
Fragkakis Georghicu,
Plaintiff,
and
The Ship "ARIADNI PA”
Defendant.
(Admiralty Action No.202/79).
Admiralty - Crew - Action against ship for wages and emoluments - Application for order sanctioning raising of loan in order to pay pro rata wages and emoluments Claims of crew in the action not admitted but hotly disputed - Crew recruited by charterers and not by owners of defendant ship - Application dismissed.
L. Papaphilippou, for the Plaintiff.
X. Xenopoullos, for the defendant ship and her owners.
E. Montanios with A. Skordis, for Plaintiffs in Admiralty Action No. 198/79, as interveners.
DECISION
The following decision was delivered by:-
TRIANTAFYLLIDES. P.: On September 19,1979, I [*277] reserved my decision on an application of counsel for the plaintiff my means of which he was seeking an order of the Court sanctioning the raising of a loan up to an amount equivalent to 500,000 drachmas, in order to pay pro rata wages and emoluments of the crew of the defendant ship, in respect of claims of theirs for which this and other actions have been filed.
The application was opposed by the other parties to these proceedings.
Having considered everything which has been placed before me I do not feel satisfied that it is proper for me to grant the order applied for, especially as the claims in question of the crew are not admitted, but hotly disputed, and, moreover, as this is an action against the defendant ship and the crew appears, from the material before me, to have been recruited by the charterers, and not by the owners, of the defendant ship.
As regards the costs of the present application they have to be borne by the plaintiff.
Application dismissed.
Order for costs as above.