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ARTICLE · 27 FEBRUARY 2013

Court Considers Application For Security For Costs

Elias Neocleous & Co LLC
Elias Neocleous & Co LLC
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The respondent, Delaford Trading Limited, was engaged in a separate action (20/12) in the Admiralty Court against the same ship for provision of bunkers and lubricants.

CyprusTransport

A recent judgment1 arising from one of a series of claims being dealt with by the Cyprus courts against the ship AVANTIS II gives an insight into the principles that the courts will apply when considering applications for security for costs in admiralty cases.

Facts

The respondent, Delaford Trading Limited, was engaged in a separate action (20/12) in the Admiralty Court against the same ship for provision of bunkers and lubricants. By a September 6 2012 application it also sought the leave of the court to be added as a defendant, or alternatively to be allowed to intervene, in an action (8/2012) that had been instituted against the ship by the Cooperative Bank of Evoias, in order to dispute the bank's claim against the ship deriving from loans that the bank claimed to have provided to the ship. The bank filed an objection to that application (which at the date of this judgment was still pending).

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