Read the full judgment text of CACV 000076/1979 on BabelCite. This Court of Appeal judgment was delivered on 23 April 1980 before Roberts CJ, Cons JA, Yang J.
Admiralty – arrest of ship – security for release – calculation of costs of arrest – quantum – appeal – costs of arrest – improper refusal of offer – offer of guarantee – material facts: plaintiff arrested vessel for disbursements and breach of contract – owners offered $300,000 guarantee on 17 July 1979 – plaintiff demanded $1.5 million – O'Connor J ordered security of $527,000 including $112,768 for 'costs at day' – plaintiff appealed that item – legal issue: proper calculation of costs of arrest and legal costs up to 17 July – whether $112,768 was justified – court found duplication of bailiff fees and lack of evidence – proper figure $55,000 (11 days at $2,000 per day plus $30,000 for legal costs) – total security reduced to $289,000 – offer of $300,000 was adequate – plaintiff should have accepted – costs of continued arrest for plaintiff's account – outcome: appeal allowed – order varied – respondents awarded costs of appeal
Legal issues: Calculation of security for release of arrested vessel
Outcome: Appeal allowed in part. The order of 24 September 1979 is varied: the vessel 'Everluck' is to be released upon a guarantee of $289,000 (amending paragraph B). The respondents' request for an express order that costs of arrest after 17 July be borne by the plaintiffs is refused as that matter is for trial.