Elburg Ship Management v Enterprise Shipping Agency, Capitalease S.P.A and the Motor Ship Trading Fabrizia

Case Number: 
2017 A 00006
Neutral Citation: 
[2019] JMSC Civ. 174
Date of Delivery: 
29.08.2020

Admiralty law - Application to be added as an interested party  Judicial sale of Maltese vessel on the application of the mortgagee – Vessel sold to the applicant free of encumbrances - Vessel subsequently arrested in Malta in respect of the same mortgage debt - Judicial sale in Jamaica not recognized by Maltese court – Mortgage debt paid by purchaser to secure vessel’s release - Rule 70.11 of the Civil Procedure Rules, 2002 - Admiralty law - Judicial sale – Distribution of the proceeds – Section 89 (2) of the Shipping Act and rule 70.13 (9) of the Civil Procedure Rules, 2002

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