Finansbanken Asa v. Gts Katie (The)
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Finansbanken Asa v. Gts Katie (The) Court (s) Database Federal Court Decisions Date 2001-05-31 Neutral citation 2001 FCT 560 File numbers T-2009-00 Decision Content Date : 20010531 Docket : T-2009-00 Neutral Citation : 2001 FCT 560 BETWEEN : ADMIRALTY ACTION IN REM AGAINST THE VESSEL "GTS KATIE" AND IN PERSONAM AGAINST THIRD OCEAN MARINE NAVIGATION COMPANY L.L.C. FINANSBANKEN ASA, a body politic and corporate of Oslo, Norway Plaintiff -and- THE VESSEL "GTS KATIE", THE OWNERS AND ALL OTHERS INTERESTED IN THE VESSEL "GTS KATIE", THIRD OCEAN MARINE NAVIGATION COMPANY L.L.C., a body politic and corporate of Anapolis, Maryland, U.S.A. Defendants ASSESSMENT OF COSTS - REASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] The vessel "GTS KATIE" has been ordered to be sold together with all its appurtenances by order dated November 7, 2000. On December 1, 2000, the Plaintiff filed a motion for an order directing Craig Bishop and/or Clipper Ship Supply Inc. (the "Claimants") to remit all documents relating to the vessel "GTS KATIE". [2] On December 1, 2000, Mr. Justice Campbell ordered upon the consent of the parties that all documents and/or effects originating from the vessel "GTS KATIE" in possession of the Claimants were to be relinquished to the Sheriff under protection of any of the Claimants' rights to file a claim against the proceeds of the sale of the ship. The Court also ordered that "any reasonable expenses incurred by Craig Bishop and/or Clipper Ship Supply in executing this Orde…
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Finansbanken Asa v. Gts Katie (The) Court (s) Database Federal Court Decisions Date 2001-05-31 Neutral citation 2001 FCT 560 File numbers T-2009-00 Decision Content Date : 20010531 Docket : T-2009-00 Neutral Citation : 2001 FCT 560 BETWEEN : ADMIRALTY ACTION IN REM AGAINST THE VESSEL "GTS KATIE" AND IN PERSONAM AGAINST THIRD OCEAN MARINE NAVIGATION COMPANY L.L.C. FINANSBANKEN ASA, a body politic and corporate of Oslo, Norway Plaintiff -and- THE VESSEL "GTS KATIE", THE OWNERS AND ALL OTHERS INTERESTED IN THE VESSEL "GTS KATIE", THIRD OCEAN MARINE NAVIGATION COMPANY L.L.C., a body politic and corporate of Anapolis, Maryland, U.S.A. Defendants ASSESSMENT OF COSTS - REASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] The vessel "GTS KATIE" has been ordered to be sold together with all its appurtenances by order dated November 7, 2000. On December 1, 2000, the Plaintiff filed a motion for an order directing Craig Bishop and/or Clipper Ship Supply Inc. (the "Claimants") to remit all documents relating to the vessel "GTS KATIE". [2] On December 1, 2000, Mr. Justice Campbell ordered upon the consent of the parties that all documents and/or effects originating from the vessel "GTS KATIE" in possession of the Claimants were to be relinquished to the Sheriff under protection of any of the Claimants' rights to file a claim against the proceeds of the sale of the ship. The Court also ordered that "any reasonable expenses incurred by Craig Bishop and/or Clipper Ship Supply in executing this Order may be taxed as Sheriff's expenses" and awarded the costs of the motion in favour of the Plaintiff. [3] Further to this order, the Claimants filed on January 12 and March 2, 2001, accounts totalizing $7,656.80 to be taxed as Sheriff's expenses. By letters dated March 15, 2001, all interested parties in this matter have been directed to file and serve written representations in opposition. Two parties filed on March 27 and 28, 2001, written representations: the Plaintiff and the Claimant Lloyd Werft Bremerhaven GMBH. Counsel for the Claimants filed his reply to both representations on April 4, 2001. [4] Since the expenses which the Court allowed the Claimants to claim as Sheriff's expenses were the reasonable expenses incurred in executing its Order, that is, the expenses of physically allowing the documents and/or effects to be relinquished to the Sheriff, I therefore allowed the amount of $280.00 for "opening the warehouse on Saturday p.m. for the Marshall to examine goods and documents, for labour and supervisory personnel". In light of the written representations, I am not convinced that the other expenses claimed by the Claimants are expenses incurred in executing the Order of December 1, 2000. [5] A certificate in the amount of $280.00 is issued accordingly. MICHELLE LAMY ASSESSMENT OFFICER Montreal, Quebec May 31, 2001 FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS ON THE RECORD COURT FILE NO.: T-2009-00 STYLE OF CAUSE: FINANSBANKEN ASA, a body politic and corporate of Oslo, Noway Plaintiff AND THE VESSEL "GTS KATIE", THE OWNERS AND ALL OTHERS INTERESTED IN THE VESSEL "GTS KATIE", THIRD OCEAN MARINE NAVIGATION COMPANY L.L.C. Defendants ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES ASSESSMENT OF COSTS - REASONS BY: MICHELLE LAMY, ASSESSMENT OFFICER DATE OF REASONS: MAY 31, 2001 SOLICITORS OF RECORD: Stikeman Elliott for the Plaintiff Montreal, Quebec Guy Vaillancourt for Clipper Inc. and EPG-MZ Quebec, Quebec L.L.C. and/or Mr. Peter Hornick Stikeman Elliott for Steamship Mutual Montreal, Quebec Underwriting Association (Bermuda) Ltd. Flynn Rivard for Calogeras & Master Supplies Montreal, Quebec Inc. Brisset Bishop for Lloyd Werft Bremerhaven Montreal, Quebec GMBH Borden Ladner Gervais LLP for Her Majesty the Queen in Montreal, Quebec Right of Canada and The Montreal Port Authority Sproule & Pollack for Andromeda Navigation Inc. Montreal, Quebec and SDV Logistics (Canada) Inc. Ronald MacDonald for Ronald MacDonald Pointe-Claire, Quebec De Man, Pilotte for Hempel Coatings (USA) Inc. Montreal, Quebec and The State Ukrainian Crewing Company Atnikov Moore MacPherson & Drummond for Macoil International S.A. Ottawa, Ontario Thomas Smith for Thomas Smith, C/O Gibson Montreal, Quebec Canadian Global Inc. Att: A. Gribble Fyodor Osipchyuk for Fyodor Osipchyuk, C/O Odessa, Ukraine Marine Transport Workers' Trade Union of Ukraine
Source: decisions.fct-cf.gc.ca