Holt Cargo Systems Inc. v. ABC Containerline N.V. (Bankrupt) et al., (2000) 192 F.T.R. 145 (TD)

CourtFederal Court (Canada)
Case DateMarch 30, 2000
JurisdictionCanada (Federal)
Citations(2000), 192 F.T.R. 145 (TD)

Holt Cargo v. ABC Containerline N.V. (2000), 192 F.T.R. 145 (TD)

MLB headnote and full text

Temp. Cite: [2000] F.T.R. TBEd. AP.085

Holt Cargo Systems Inc. a body corporate (plaintiff) v. Messrs T. Van Doosselare and F. De Roy As trustees in bankruptcy of ABC Containerline N.V. The Owners, Charterers and all others interested in the Ship "Brussel" and the Ship "Brussel" (defendants) and Société Nationale De Crédit A L'industrie S.A. (intervenor)

(T-738-96)

Indexed As: Holt Cargo Systems Inc. v. ABC Containerline N.V. (Bankrupt) et al.

Federal Court of Canada

Trial Division

Pilon, Assessment Officer

March 30, 2000.

Summary:

A New Jersey plaintiff obtained a default judgment against a vessel for unpaid fees and charges relating to stevedoring services provided in the U.S. Other parties filed claims against, inter alia, the vessel. The vessel's owners went bankrupt. The vessel's sale proceeds were paid into court. The vessel's mortgagee filed a claim for more than the sale proceeds. At issue was whether the claimants, other than the mortgagee, had secured claims that ranked in priority ahead of the mortgagee.

The Federal Court of Canada, Trial Division, in a decision reported at 185 F.T.R. 1, determined the priority of each claim and awarded solicitors' fees to the plaintiff. Issues arose respecting costs.

An Assessment Officer of the Federal Court of Canada, Trial Division, determined the issues accordingly.

Admiralty - Topic 8335

Practice - Actions in rem - Sale - Costs - A New Jersey company (Holt) obtained a default judgment against a vessel for unpaid fees and charges related to stevedoring services - The judgment contained a declaration that Holt's interest in the vessel was a maritime lien - The vessel's owner went bankrupt - Holt's solicitor's costs associated with the appraisement, advertisement and sale of the vessel had not been taxed or paid - Holt claimed against the vessel's sale proceeds - The vessel's mortgagee claimed for more than the sale proceeds - The trial judge held that Holt had priority and awarded Holt its solicitors' fees - Holt's solicitor had represented a number of claimants and billed globally - An Assessment Officer of the Federal Court of Canada, Trial Division, held that Holt's solicitor was not entitled to payment out of the sale fund for services provided to claimants other than Holt.

Counsel:

Thomas E. Hart, for the plaintiff;

David C. Colford, for the Trustees in Bankruptcy;

Edouard Baudry, for the intervenor.

Solicitors of Record:

McInnes Cooper, Halifax, Nova Scotia, for the plaintiff;

Brisset Bishop, Montreal, Quebec, for the Trustees in Bankruptcy;

Lavery DeBilly, Montreal, Quebec, for the intervenor.

This assessment was heard at Halifax, Nova Scotia, on March 20 and 23, 2000, by Pilon, Assessment Officer, of the Federal Court of Canada, Trial Division, who delivered the following decision on March 30, 2000.

To continue reading

Request your trial
1 practice notes
  • Canadian Imperial Bank of Commerce v. Ship Le Chene No. 1 et al., 2003 FC 873
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • 2 d1 Junho d1 2003
    ...Re, [1999] 1 Lloyd's Rep. 824 (Q.B.), refd to. [para. 29]. Holt Cargo Systems Inc. v. ABC Containerline N.V. (Bankrupt) et al. (2000), 192 F.T.R. 145 (T.D.), refd to. [para. Authors and Works Noticed: Tetley, W., Maritime Liens and Claims (2nd Ed. 1998), generally [para. 29]. Counsel: Edoua......
1 cases
  • Canadian Imperial Bank of Commerce v. Ship Le Chene No. 1 et al., 2003 FC 873
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • 2 d1 Junho d1 2003
    ...Re, [1999] 1 Lloyd's Rep. 824 (Q.B.), refd to. [para. 29]. Holt Cargo Systems Inc. v. ABC Containerline N.V. (Bankrupt) et al. (2000), 192 F.T.R. 145 (T.D.), refd to. [para. Authors and Works Noticed: Tetley, W., Maritime Liens and Claims (2nd Ed. 1998), generally [para. 29]. Counsel: Edoua......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT