Who owns ultimate lady

Mr Hassall added that Ultimate Lady had "chosen" to berth at the refit wharf, where there were several other vessels, many of them fishing craft that were being worked on. The men doing renovation work on one of the boats were described as looking like they had been "working in a coalmine. In addition, the damage could have been caused by work on the Maritime Museum while the launch was in Auckland. Mr Hassall said the defence maintained that the chemical composition of rust particles taken from Ultimate Lady differed from the chemical composition of the guard rails, which he said meant that Northern Challenger was not the source of the contamination.

He also suggested that ash from White Island might also be to blame as Ultimate Lady had been in the vicinity of the volcano. Fletcher also failed. Flectcher in Admiralty and maritime cases in the years since it was decided, the facts of this case are not such as to warrant any change in the law…. The court declines to accept that the claim under the Rule… lies either generally in Admiralty and maritime law or in the factual circumstances of this case.

The action in nuisance similarly failed, the court quoting from the headnote to the English case of Hunter v. These Case Notes have been prepared with care, but neither the Editor nor the International and other Contributors can guarantee that they are free from error, nor that they contain every pertinent point. Reliance should not therefore be placed upon them without independent verification.

The Editor and the International and other Contributors disclaim all liability for any loss of whatsoever nature and howsoever arising as a result of others acting or refraining from acting in reliance on the contents of this website and the information to which it gives access.

The Editor claims copyright in the content of the website. Ultimate Lady [ Home ] [ Up ]. DMC Category Rating: C onfirmed Facts On February 4 , the luxury yacht Ultimate Lady, owned by the claimant company, and the defendant ship, Northern Challenger, were berthed respectively on the eastern and western sides of Refit Wharf at Tauranga, New Zealand - a marine repair and maintenance facility.

Provided that —……… b In questions and claims specified in paragraphs d to r ……… arising in connection with a ship where the person who would be liable on an action in personam was, when the cause of action arose, the owner or charterer of, or in possession or control of, the ship, the jurisdiction of the High Court may whether the claim gives rise to a maritime lien on the ship or not be invoked by an action in rem against: i that ship if, at the time when the action is brought, it is beneficially owned as respects all the shares therein by, or is on charter by demise to, that person;" In addition to claims in negligence, the claimants pleaded causes of action in nuisance and also for breach of the Rule in Rylands v.

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