Mitrofanova v The ship Kursa - [1996] 3 NZLR 215

Admiralty — Action in rem — Jurisdiction — Action by foreign nationals against foreign ship — Death of foreign seaman when swept overboard — Action by widow and daughter of deceased for damages — Whether New Zealand Court had jurisdiction — Deaths by Accidents Compensation Act 1952 — Admiralty Act 1973, 3, 4 and 5.

Practice and procedure — Jurisdiction — Action by foreign nationals against foreign ship for damages consequent on death of foreign seaman on high seas — Application to strike out proceedings — Whether New Zealand Court had jurisdiction — Whether plaintiffs required to give security for costs — Admiralty Act 1973, ss 3, 4 and 5.