On 6 September, 2021, the former Master, Officers and Crew of the General Cargo Ship “BTMAX1” (“BTMAX1”) commenced in rem proceedings against the Owners of that vessel claiming their outstanding wages as well as certain sums payable in respect of unpaid vacation leave, daily subsistence money (living expenses) and the costs and expenses of their repatriation to their respective home ports.
A Warrant of Judicial Arrest was then issued by the Supreme Court of Trinidad and Tobago and the BTMAX 1 was arrested on 7 September, 2021. The Presiding Judge, the Honourable Mr. Justice Frank Seepersad, awarded Judgment to the crewmen on 29 September, 2021.
On 1 October, 2021, the Owners of the BTMAX1 applied to the Court for an Order setting aside the Judgment awarded to the crewmen. By his Written Decision on 11 November, 2021, Justice Seepersad dismissed the Owners’ Application and upheld his Judgment of 29 September, 2021.
In January 2022, the sums owed to the crewmen were paid in full and the BTMAX1 was thereafter released from judicial arrest.
Prior to the commencement of proceedings, through the combined efforts of our firm and the International Transport Workers’ Federation (“ITF”), the former captain of the BTMAX1 was repatriated to his home country having previously fallen ill and later hospitalised in Port of Spain, Trinidad. The former captain later passed away in the company of his loved ones.
Through the intercession of the ITF and our firm, these proceedings were commenced and we thank the Court for its approach taken and alacrity in ensuring that the claim was dealt with.
Nyree Alfonso and Asif Hosein-Shah represented the crewmen in these proceedings.
Useful Links:
- Written Decision of Justice Seepersad delivered on 11 November, 2021.
- Article published on 29 September, 2021, by the Trinidad and Tobago Guardian, “Stranded Bolivian crew gets court’s approval to sell vessel to cover expenses.”
- Article published on 30 September, 2021, by the Trinidad Express Newspapers, “Judge orders sale of foreign ship: captain dies, crew stranded.”
