Enforceability Of A Maltese Registered Mortgage

The Superior Courts of Appeal in Malta composed of, Chief Judge Joseph Azzopardi, Judge Giannino Caruana Demajo and Judge Noel Cuschieri, delivered a groundbreaking judgment in the case of Dr Marlon Borg noe v. MV Bright Star, which judgment has set an unprecedented bar in the international shipping industry, particularly in light of the fact that Malta boasts to have one of the largest shipping registries worldwide. Our clients, Jebmed SRL have been proven right in arresting a bulk carrier, MV Bright Star previously MV Trading Fabrizia, on the 19^th June 2018 whilst such vessel was bunkering in Maltese territorial waters. Such arrest was made after the vessel was sold by virtue of a judicial sale held in Jamaica, which sale failed to acknowledge the effects of a Maltese registered mortgage on the vessel, by virtue of which Jebmed SRL had been designated as first ranking creditors.