Donald Pickering & Sons Enterprises Ltd v Karim's Ltd [1997] FijiLawRp 6; [1997] 43 FLR 41 (6 February 1997)

[1997] 43 FLR 41

IN THE HIGH COURT OF FIJI ISLANDS

1. DONALD PICKERING & SONS ENTERPRISES LTD

trading as UNITED ENGINEERS

2. UNITED MARINE (SOUTH PACIFIC) LTD

v

1. KARIM'S LIMITED

2. the vessel 'BAINIVUALIKU' (aka ZUBI)

3. the vessel 'SENIBIYAU'

[HIGH COURT, 1997 (Fatiaki J) 6 February]

Admiralty Jurisdiction

Admiralty - action in rem - arrest of ships - whether right to arrest must be based on the existence of a maritime lien.

The Plaintiffs who claimed not to have been paid for work done to 2 vessels obtained warrants for their arrest. The Defendant owner of the vessels sought the discharge of the warrants arguing that the Plaintiffs were not entitled to a maritime lien and hence were not entitled to arrest the ships. Dismissing the Defendants application the High Court examined the nature and origins of the admiralty action in rem and the Court's jurisdiction to issue a warrant for the arrest of the res.

Cases cited:

Bankers Trust v. Todd Shipyard  [1980] 3 All ER 197
Harmer v. Bell (1850) 83 RR 43
"The Anna H" (1955) 1 Lloyds Law Reps 11
"The Banco" (1971) 1 Lloyds Law Reps 49
"The Beldis" (1936) 53 Lloyds Law Reps 255
"The Heinrich Bjorn"  (1885) 10 P. D. 44
"The M. V. Voseleai"  40 FLR 224
"The Monica S" (1967) 2 Lloyds Law Reps 113

Motions to discharge warrants of ship arrest.

J. Howard for the Plaintiffs
K. Buksh for the Defendants

Fatiaki J:

On the 23rd of January 1996 upon the ex-parte application of the plaintiffs this Court issued two warrants for the arrest of two vessels namely, the "Bainivalu" (aka Zubi) and the "Senibiyau" belonging to the defendant company.