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ARTICLE · 15 APRIL 2014

Shipping and directed sales: the end (almost)

In the current economic climate, many mortgagees have considered the possibility of court sales of mortgaged ships.

AustraliaTransport

Introduction

In the current economic climate, many mortgagees have considered the possibility of court sales of mortgaged ships. A court sale in a recognised admiralty jurisdiction results in title to the ship passing to the buyer free of all claims, liens and encumbrances, accruing up to the date of the court sale. Favourable jurisdictions for ship mortgage enforcement include England, The Netherlands, Gibraltar, Hong Kong and Singapore. These jurisdictions have long-established procedures for the judicial sale of ships and the courts in these jurisdictions deal with such matters frequently and, usually, quite quickly. In the period between arrest and sale, costs relating to such matters as crew wages, insurance, bunkers, and stores, will accrue. These costs will be minimised, if the sale procedure is accelerated. The usual method of court sale has a public element. The fact that the ship is to be the subject of a judicial sale is widely advertised and prospective

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