Published 1999-09-25
Keywords
- ship arrest,
- judicial sale of vessel,
- rights in rem,
- action in rem,
- sister ship
- surrogate ship arrest,
- wrongful arrest,
- forfeiture,
- ship mortgage,
- ship arrest, sale and preservation fees and expenses,
- marine insurance,
- limitation of liability,
- abandonment,
- vessel crew,
- seafarer claims,
- stranded crew ...More
Abstract
Gresson provides a commentary on Justice Brian Tamberlin's paper concerning Current Issues in Admiralty, as part of Business Session 10. The commentary is divided into two main sections: the first offers additional comment from a New Zealand standpoint on some of the matters traversed in Justice Tamberlin's paper, while the second part comments on some aspects of the approach of the courts in both countries to the processes of ship arrest and sale. Gresson concludes by suggesting that the courts should attempt to take the most limited custodial role possible, enabling the parties to protect their respective positions against the background premise that a ship is immobile following arrest, at least until the claims against it have been dealt with.