High Court Wellington
5 April; 20 May 1993
Holland J
5 April; 20 May 1993
Holland J
Admiralty — Maritime lien — Contract between first plaintiff and shipowners for worldwide management of defendant ship — Contract later cancelled — First plaintiff sought payment for services rendered — Ship arrested and sold by Registrar on first plaintiff's application — Claim by second plaintiff as mortgagee — Third intervener sought payment for goods supplied to ship — Proceeds from sale of ship insufficient to satisfy all claims against ship — First plaintiff and third intervener claimed maritime liens to obtain priority over second plaintiff's mortgage — Order of priority of claims — Lex fori and lex locus contractus — Third intervener claimed custodia legis — Common law rules for determination of priorities — Whether first plaintiff and third intervener entitled to claim maritime liens — Whether circumstances exceptional and equity required that order of priority be varied — Whether first plaintiff had a right of action in personam against shipowners — Whether first plaintiff had a statutory right in rem under the Admiralty Act 1973 - Admiralty Act 1973, s 4(1)(h), (l), (o) and (p).
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