Hill v The ship James Cook - [1997] 3 NZLR 752

Admiralty — Maritime lien — Vessel arrested by Registrar and eventually sold — Wharf owner intervener — Whether intervener entitled to possessory lien for payment of berthage fees for pre-arrest period — Whether intervener entitled to berthage fees for period between date of sale and release from arrest during which time vessel remained at intervener's wharf — Whether intervener entitled to interest on berthage fees for whole period of arrest — Whether intervener has a common law possessory lien for berthage based on physical control of vessel while berthed at its dock and in the absence of carrying out any improvements to the vessel while it is so berthed — Whether possessory lien takes precedence over all maritime liens after date on which possessory lien began — Whether possessory lien had priority over registered mortgage — Port Companies Act 1988 — Harbours Act 1950, s 111 — Admiralty Rules 1975, R 15(4)(b).