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ARTICLE · 02 OCTOBER 2013

Never Too Early To Intervene: Court Revisits Third-Party Intervention

Elias Neocleous & Co LLC
Elias Neocleous & Co LLC
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Elias Neocleous & Co LLC

Elias Neocleous & Co LLC

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The Cyprus Admiralty Court recently considered another application for intervention against the proceeds of the sale of a ship.

CyprusTransport

The Cyprus Admiralty Court recently considered another application for intervention against the proceeds of the sale of a ship.1

Facts

The applicant, SKP Enterprises Limited, was the judgment creditor in Action 30/2011 against the ship AVANTIS II for the provision of bunkers and lubricants. By a separate application dated February 13 2012 filed within the context of that action, the ship was sold pendente lite.2 The purpose of the present application was to allow the applicant to dispute the claim against the ship put forward by the bank.

The application was brought under Rules 30 and 35 of the Admiralty Jurisdiction Order, on the basis that the applicant had an interest in the property sought to be affected by the bank's action. The bank objected to the application, arguing that the applicant had produced no evidence to support its contention that such a direct interest existed. The bank further disputed the applicant's allegation that the bank's claim

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