MAREVA COMPANIA NAVIERA SA vs. INTERNATIONAL
BULKCARRIERS LTD (The Mareva case)
Facts
The
applicant,
Mareva Compania Naviera S.A. vide
a writ on 25
th June 1975 claimed against the respondent,
International Bulkcarriers S.A., for unpaid hire and damages for repudiation of a
charter party. Through an
ex-parte application,
Donaldson J granted an injunction in favour of the applicants until 17.00 hours on 23
rd June
restraining
International Bulkcarriers (
the
charterers) from removing or disposing out of the jurisdiction moneys
standing to the credit of the charterers, account at a London bank. Mareva
Compania Naviera (
the ship-owners)
appealed against Donaldson J’s refusal to extend the injunction beyond 17.00
Hrs. on 23
rd June 1975.
Issue: Whether the court should grant an
ex-parte order sought by the plaintiff to restrain the defendant dispersing/ disposing
his assets.
Holding: The
court granted the ad personam order/ injunction pursuant to the 1925 Act which stated: ‘A
mandamus or an injunction may be granted or a receiver appointed by an
interlocutory order of the court in all cases in which it shall appear to the
court to be just or convenient.’
Rationale: The
order could be made even though it dealt with assets in which the plaintiff
claimed no direct right.
Judgment: Appeal
allowed. Injunction continued.
0 comments:
Post a Comment