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Sovrybflot v The ship Efim Gorbenko - [1996] 2 NZLR 727

$30.00

High Court Wellington
2 April 1996
Doogue J
Admiralty — Sister ship jurisdiction — Defendant's owner applying to set aside writ of summons in rem and warrant of arrest of defendant and for a stay of proceedings — Plaintiff obtained judgment in 1995 against defendant's owner and associated vessels for dealings relating back to 1992 — Defendant's owner in 1992 was a Russian state-owned enterprise — With creation of new Russian state defendant owned by a joint stock company — Whether owner of the ships to which 1992 claims related was also the beneficial owner of the defendant in 1995 when present proceeding commenced — Whether onus was on defendant's owner to prove on balance of probabilities that it had an arguable case — Whether Russia was appropriate forum to litigate the dispute — Admiralty Act 1973, ss 4(1)(l) and (p) and 5(1) and (2)(b).

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