Site Information

 Loading... Please wait...

Fournier v The ship Margaret Z - [1997] 1 NZLR 629

$30.00

High Court Wellington
16, 27 September 1996
Salmon J
Admiralty — Maritime lien — Unpaid wages of plaintiff crew members — Ship arrested while in New Zealand — Ship's owner previously filed for ch 11 bankruptcy in Guam — First intended intervener a creditor of ship's owner — United States Bankruptcy Court in Guam permitted first intended intervener to commence enforcement proceedings against owner — First intended intervener sought recognition of United States Court's Orders — Principle of comity — Forum non conveniens — Application by first intervener to stay or dismiss plaintiffs' proceedings — Whether Orders of United States Court should be recognised — Whether maritime liens were subject to the United States Bankruptcy Code — Whether New Zealand was forum conveniens — Observation as to special considerations relating to in rem claims when determining appropriate forum.

Find Similar Products by Courts