Published 2002-10-02
Keywords
- ship arrest,
- Admiralty jurisdiction,
- indemnity,
- warrant of arrest,
- solicitors' undertakings
- ship arrest, sale and preservation fees and expenses,
- action in rem,
- maritime lien,
- Admiralty procedure,
- powers of the Registrar,
- security ...More
Abstract
This paper was presented as part of Business Session 1, on the topic of 'Admiralty: Issues in Administration and Case Management', which was chaired by Ron Salter. The second page of the paper contains a short biography of the author.
Justice Williams notes that it can be significantly more expensive for parties to arrest vessels in Australia than in New Zealand to the point where if a vessel is to travel to New Zealand from Australia, those proposing arrest have been known to refrain from taking arrest action until the vessel arrives in New Zealand. This is because of the 'user pays' notion adopted in Australia when it comes to ship arrests. In this paper, Justice Williams examines what gives New Zealand its market edge in that respect, and discusses issues regarding the indemnity or undertaking that must be given prior to an arrest in New Zealand, including when such an indemnity or undertaking must be given, who is able to give it, its duration, what is covered, and the practice of the Registrar or Marshall in relation to security.
The author examines aspects of the law in both countries, noting differing practices of the Registrar or Marshall, with some comment about possible law reform.