Royal Bank of Scotland plc v. Ship Kimisis III, (2000) 186 F.T.R. 300 (TD)
| Court | Federal Court (Canada) |
| Case Date | June 05, 2000 |
| Jurisdiction | Canada (Federal) |
| Citations | (2000), 186 F.T.R. 300 (TD) |
Royal Bk. v. Ship Kimisis III (2000), 186 F.T.R. 300 (TD)
MLB headnote and full text
Temp. Cite: [2000] F.T.R. TBEd. JL.121
The Royal Bank of Scotland plc (plaintiff) v. The Owners and all others interested in the Ship "Kimisis III' and Madonna Navigation (Malta) Limited (defendants)
(T-38-99)
Indexed As: Royal Bank of Scotland plc v. Ship Kimisis III
Federal Court of Canada
Trial Division
Hargrave, Prothonotary
June 5, 2000.
Summary:
A ship was sold. One of the claimants applied for leave to file a document showing delivery of the necessaries it supplied to the ship, notwithstanding that the document had been specifically requested by the plaintiff a year earlier. The time for filing claim affidavits was fourteen months in the past. Further, the time for production of claim related documents, requested by other parties and claimants, as extended, expired nearly six months earlier.
A Prothonotary of the Federal Court of Canada, Trial Division, refused to grant the claimant leave to file the supplementary affidavit of claim.
Admiralty - Topic 8045
Practice - Actions in rem - Claims for necessaries - Time for - A ship was sold - One of the claimants applied for leave to file a document showing delivery of the necessaries it supplied to the ship, notwithstanding that the document had been specifically requested by the plaintiff a year earlier - The time for filing claim affidavits was fourteen months in the past - Further, the time for production of claim related documents, requested by other parties and claimants, as extended, expired nearly six months earlier - A Prothonotary of the Federal Court of Canada, Trial Division, held that while the court may have jurisdiction to enlarge the time fixed for filing claims to the proceeds of sale of a ship (rule 492(2)), in this case it would be unfair to the other parties to allow the further material to be filed at such a late date.
Cases Noticed:
Bank of Scotland v. Ship Nel et al., [1999] 2 F.C. 417; 161 F.T.R. 267 (T.D.), refd to. [para. 3].
Feoso Oil Ltd. v. Ship Sarla, [1995] 3 F.C. 68; 184 N.R. 307 (F.C.A.), refd to. [para. 4].
Statutes Noticed:
Federal Court Rules, rule 492(2) [para. 5].
Counsel:
Pauline Gardikiotis, for the plaintiff;
Chris Giaschi, for the claimant, Proios Maritime S.A.;
Glenn Morgan, for the claimant, Tramp Oil & Marine Ltd.
Solicitors of Record:
Campney & Murphy, Vancouver, British Columbia, for the plaintiff.
This application was heard in Vancouver, British Columbia, on June 5, 2000, before Hargrave, Prothonotary, of the Federal Court of Canada, Trial Division, who delivered the following judgment on June 5, 2000.
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Table Of Cases
...[1936] SCR 560, [1936] 4 DLR 9 ........................................... 344 Royal Bank of Scotland plc v Kimisis III (The) (2000), 186 FTR 300, 2000 CanLII 15751 (TD) ...................................................... 248 Royal Bank of Scotland v Golden Trinity (The), 2004 FC 795 ......
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Admiralty Procedure
..., 41 F3d 1007 (5th Cir 1995). 131 Mingren Development (The) , [1979] HKLR 159. 132 Royal Bank of Scotland plc v “Kimisis III” (The) (2000), 186 FTR 300 (TD). 133 Note that the statutes discussed here are not exhaustive. Statutory detention powers also exist under the Marine Transportation......
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Worldspan Marine Inc. v. Sargeant,
...or at a time prior to the end of November 2017. [66] In Royal Bank of Scotland Plc v. Kimisis III (The), [2000] F.C.J. No. 909, 186 F.T.R. 300, 2000 CanLII 15751, Prothonotary Hargrave had to determine whether a document could be filed at a late stage of the proceedings, i.e. 14 months past......
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Royal Bank of Scotland plc v. Ship Kimisis III et al., (2001) 219 F.T.R. 161 (TD)
...as extended, expired nearly six months earlier. A Prothonotary of the Federal Court of Canada, Trial Division, in a decision reported 186 F.T.R. 300, refused to grant the claimant leave to file the supplementary affidavit of claim. The claimant moved to have the decision The Federal Court o......
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Worldspan Marine Inc. v. Sargeant,
...or at a time prior to the end of November 2017. [66] In Royal Bank of Scotland Plc v. Kimisis III (The), [2000] F.C.J. No. 909, 186 F.T.R. 300, 2000 CanLII 15751, Prothonotary Hargrave had to determine whether a document could be filed at a late stage of the proceedings, i.e. 14 months past......
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Royal Bank of Scotland plc v. Ship Kimisis III et al., (2001) 219 F.T.R. 161 (TD)
...as extended, expired nearly six months earlier. A Prothonotary of the Federal Court of Canada, Trial Division, in a decision reported 186 F.T.R. 300, refused to grant the claimant leave to file the supplementary affidavit of claim. The claimant moved to have the decision The Federal Court o......
-
Table Of Cases
...[1936] SCR 560, [1936] 4 DLR 9 ........................................... 344 Royal Bank of Scotland plc v Kimisis III (The) (2000), 186 FTR 300, 2000 CanLII 15751 (TD) ...................................................... 248 Royal Bank of Scotland v Golden Trinity (The), 2004 FC 795 ......
-
Admiralty Procedure
..., 41 F3d 1007 (5th Cir 1995). 131 Mingren Development (The) , [1979] HKLR 159. 132 Royal Bank of Scotland plc v “Kimisis III” (The) (2000), 186 FTR 300 (TD). 133 Note that the statutes discussed here are not exhaustive. Statutory detention powers also exist under the Marine Transportation......