On the 5th May, 2019, the Fishing Vessel “Dae Sung 216” No. 400959 of the Port of Kingstown, St. Vincent and the Grenadines, (“Dae Sung 216”) collided with the Motor Vessel “Raibel Luis” of Venezuela (“Raibel Luis”) resulting in the total loss of the Raibel Luis.
Thereafter, on the 1st July, 2019, the Owner of the Raibel Luis (“Claimant”) commenced in rem proceedings against the Owners of the Dae Sung 216 (“Defendants”) in respect of the damage and loss suffered by the Claimant arising out of the said collision. On the said date, the Claimant applied to the High Court for, inter alia, an Order of Judicial Arrest of the Dae Sung 216 and for the issuance of a Warrant of Arrest. The Claimant’s application was granted by the Hon. Justice Ronnie Boodoosingh (as he then was) on the 2nd July, 2019.
The Dae Sung 216 was released from judicial arrest in August 2019 upon the provision of financial security for the Claimant’s claim.
On the 21st November, 2019, the Claimant applied to the Court for an order that the Defendants’ claim be struck out as disclosing no reasonable grounds for defending the Claimant’s claim, and that judgment be entered in favour of the Claimant for the sums claimed or an amount to be decided by the Court. This application was granted on the 2nd December, 2019.
Prior to the Claimant’s application, on the 12th November, 2019, the Defendants applied to the Court seeking to limit their total liability against the Claimant. On the 18th May, 2020, the Court dismissed the Defendants’ application (link below).
The Defendants, on the 22nd June, 2020, then sought to appeal the decision of the Court. This Appeal was dismissed by the Court of Appeal on the 29th March, 2021.
On the 8th July, 2020, the Claimant applied to the High Court for an interim payment from the Defendants on account of damages (“Claimant’s Interim Payment Application”). In September 2020, the Presiding Judge, the then Hon. Justice Boodoosingh, was appointed as a Justice of Appeal of the Court of Appeal, and accordingly, this matter was reassigned to the Hon. Justice Nadia Kangaloo.
On the 19th July, 2021, the Hon. Justice Nadia Kangaloo informed the parties that she was minded to grant the Claimant’s Interim Payment Application, and required time to consider the quantum of the said payment.
Due to unforeseen judicial delays, decision on the Claimant’s Interim Payment Application was delivered on the 17th August, 2023. By the said decision, the Hon. Justice Nadia Kangaloo, on the totality of evidence before her, inter alia, granted the Claimant an interim payment of USD$500,000.00 on account of damages.
The Claimant is represented by Nyree Alfonso and Asif Hosein-Shah.
Useful Links:
- Ruling delivered by Justice Boodoosingh on 18 May, 2020.
