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Facts
An ex parte application(1) was made by Anyland Travel Agency for an arrest warrant against the ship Quant Cement IV. The application was in support of an action for a debt of
€7,700 due from Naftotrade Shipping and Commercial SA “for provided services and/or goods and/or tickets provided to the crew and/or crew members” of the ship. Anyland, a
Greek company, was engaged in:
- the agency and issuance of tickets for crew members of shipping companies;
- the arrangement of their visa requirements; and
- the coordination of their travel.
These services were allegedly provided to Naftotrade with regard to the ship in question. Invoices were issued and forwarded to Naftotrade for payment. There was an unpaid
balance of €7,700 in respect of those services, which Anyland claimed under the main action. Anyland confirmed in a supplementary affidavit that it was the ‘travel agent’ of the ship,
and that the tickets had been issued on its account.
Anyland sought to invoke the Supreme Court of Cyprus in its admiralty jurisdiction at first instance, based on Section 19 of the Courts of Justice Law 1960 and Section 1 of the
English Administration of Justice Act 1956. Anyland claimed that since its application concerned an ‘agency’, it fell within the scope of Section 1(1)(p) of the act, which provides that
the Supreme’s Court admiralty jurisdiction may be invoked for “any claim by a master, shipper, charterer or agent in respect of disbursements made on account of a ship”.
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Source: Neocleous
Published on 19 November, 2012
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