Turners & Growers Exporters Ltd v The ship Cornelis Verolme - [1997] 2 NZLR 110

Admiralty — Jurisdiction — Application for release from arrest by trustees in bankruptcy of ship owner — Master and crew resisting release as ship security for their claims — Owner declared bankrupt in Belgium — Belgian Court ordering release of ship to trustees — Criteria for release of ship from arrest — Whether Court should recognise orders of foreign Court — Whether adequate security for master and crew's claims — Admiralty Act 1973 — Admiralty Rules 1975 (SR 1975/85), R 17(4).

International law — Recognition — Foreign judgments and orders — Obligations of comity — Ship owners declared bankrupt in Belgium — Belgium Court ordering release of ship to trustees — Ship arrested in New Zealand — Trustees seeking release of ship — Court Registrar and Master and crew proposing release of ship as constituted security for expenses and/or claims for remuneration — Whether orders of Belgium Court should be recognised — Criteria for recognition of orders of foreign Court — Whether earlier purpose of arrest should be modernised by recognition of modern commercial practice — Whether security other than ship sufficient to satisfy claims — Admiralty Act 1973 — Admiralty Rules 1975 (SR 1975/85), R 17(5).