Purcell Bros Limited v The Owners, Charterers and all persons claiming to be interested in the Motor Vessel Star Viking (No. 3)
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 08 June 2015 |
| Neutral Citation | [2015] NIQB 70 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 08 June 2015 |
| Year | 2015 |
1
Neutral Citation No. [2015] NIQB 70 Ref:
WEA9688
Judgment: approved by the Court for handing down Delivered:
08/06/2015
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (COMMERCIAL)
________
PURCELL BROS LIMITED
Plaintiff
-v-
THE OWNERS, CHARTERERS AND ALL PERSONS CLAIMING TO BE
INTERESTED IN THE MOTOR VESSEL STAR VIKING
Defendants
_______
Purcell Bros Ltd (No 3) - Ruling on the Plaintiff’s application for Appraisement
and Sale of the motor vessel Star Viking.
WEATHERUP J
[1] This is the plaintiff’s application for an Order for the Appraisement and Sale
of the motor vessel Star Viking. Mr Dunford appears for the plaintiff, Mr Spence for
the defendants and Mr Gibson for the new registered owners of the vessel, Nova
Negoce SAS (“Nova”).
[2] The Star Viking was arrested in the port of Belfast on 10 December 2014. The
history of the matter appears in the decision in Purcell Bros Ltd (No 1) [2014] NIQB
137. The defendants applied for release of the vessel from arrest and on 22
December 2014 I ordered release on the provision by the defendants of security in
the sum of €300,000.00. The plaintiff applied for an increase in the security to the
sum of €3.5m and I dismissed that application on 6 February 2015 in Purcell Bros Ltd
(No 2) [2015] NIQB 67. The plaintiff appealed and on 11 February 2015 the Court of
Appeal ordered the release of the vessel on payment by the defendants of increased
security of €1m. That security was not provided by the defendants. The ship
remains under arrest in the port of Belfast.
[3] The plaintiff now applies for appraisement and sale of the vessel. The
background dispute between the parties concerns the alleged breach by the
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