Federal Court Decisions

Date: 20050601

Docket: T-724-03

Citation: 2005 FC 789

Between:

ZIM ISRAEL NAVIGATION COMPANY LTD.

Plaintiff

AND

PALTAINER (EXPORT) LTD.

and

McMILLAN CONROY MACHINERY

and

RATCLIFFS CANADA INC.

and

THE CARGO OF MACHINERY STOWED

IN CONTAINER NOS. CLHU4147671, CLHU4293505, CLHU4308375,

CRXU4519625, GSTU8999854, ICSU1854183, INBU4808531,

TEXU4848196, ZCSU2221649, ZCSU2299987, ZCSU2318140,

ZCSU2348090, ZCSU2362740, ZCSU2380640, ZCSU2493462,

GCEU8503435, GCEU8521130, GCEU8522116, TOLU4781140,

TOLU4781454, TOLU4998429, TRLU9221479, UXXU5003356,

ZCSU4002510, ZCSU4002819, ZCSU4003245, ZCSU4003625,

ZCSU4003672 and ZCSU4007066

Defendants

ASSESSMENT OF COSTS -REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]                On July 19 and November 17, 2004, the Court ordered that the Marshall's fees and expenses, as well as the Plaintiff's claim for its solicitors' costs, be taxed and paid against the fund created by the sale of the cargo.

[2]                The assessment of those costs proceeded on April 22, 2005 by teleconference in the presence of Mr. David G. Colford, counsel for the Plaintiff, and Ms. Christine A.M. Fisher, counsel for the Defendant Ratcliffs Canada Inc. Solicitors for the Defendants Paltainer (Export) Ltd. and McMillan Conroy Machinery indicated prior to the hearing that they were not contesting the present bills of costs.

[3]                At hearing, Mr. Colford explained that the process concerning the sale of the cargo was fairly complicated and required numerous communications. As for Ms. Fisher, she mentioned that the amount obtained in the tender was a good result even if she considers the present claims slightly high.

[4]                In regard to the above and the evidence submitted by the Plaintiff, the bills of costs are taxed as filed as follows: $ 11,298.80 for the Marshall and $ 14,602.44 for the Plaintiff.

[5]                A certificate in the amount of $ 25,901.24 is issued accordingly.

DATED AT MONTREAL THIS 1^ST DAY OF JUNE, 2005.

Signed: « Michelle Lamy »

MICHELLE LAMY ASSESSMENT OFFICER