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                                 Date : 20010531

    Docket : T-2009-00

                                                                                                      Neutral Citation : 2001 FCT 560

BETWEEN :

ADMIRALTY ACTION IN REM AGAINST THE VESSEL "GTS KATIE" AND IN PERSONAM AGAINST THIRD OCEAN MARINE NAVIGATION COMPANY L.L.C.

FINANSBANKEN ASA,

a body politic and corporate of Oslo, Norway

Plaintiff

-and-

THE VESSEL "GTS KATIE",

THE OWNERS AND ALL OTHERS INTERESTED

IN THE VESSEL "GTS KATIE",

THIRD OCEAN MARINE NAVIGATION COMPANY L.L.C.,

a body politic and corporate of Anapolis, Maryland, U.S.A.

Defendants

ASSESSMENT OF COSTS - REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]         The vessel "GTS KATIE" has been ordered to be sold together with all its appurtenances by order dated November 7, 2000. On December 1, 2000, the Plaintiff filed a motion for an order directing Craig Bishop and/or Clipper Ship Supply Inc. (the "Claimants") to remit all documents relating to the vessel "GTS KATIE".


[2]         On December 1, 2000, Mr. Justice Campbell ordered upon the consent of the parties that all documents and/or effects originating from the vessel "GTS KATIE" in possession of the Claimants were to be relinquished to the Sheriff under protection of any of the Claimants' rights to file a claim against the proceeds of the sale of the ship. The Court also ordered that "any reasonable expenses incurred by Craig Bishop and/or Clipper Ship Supply in executing this Order may be taxed as Sheriff's expenses" and awarded the costs of the motion in favour of the Plaintiff.

[3]         Further to this order, the Claimants filed on January 12 and March 2, 2001, accounts totalizing $7,656.80 to be taxed as Sheriff's expenses. By letters dated March 15, 2001, all interested parties in this matter have been directed to file and serve written representations in opposition. Two parties filed on March 27 and 28, 2001, written representations: the Plaintiff and the Claimant Lloyd Werft Bremerhaven GMBH. Counsel for the Claimants filed his reply to both representations on April 4, 2001.

[4]         Since the expenses which the Court allowed the Claimants to claim as Sheriff's expenses were the reasonable expenses incurred in executing its Order, that is, the expenses of physically allowing the documents and/or effects to be relinquished to the Sheriff, I therefore allowed the amount of $280.00 for "opening the warehouse on Saturday p.m. for the Marshall to examine goods and documents, for labour and supervisory personnel". In light of the written represent­ations, I am not convinced that the other expenses claimed by the Claimants are expenses incurred in executing the Order of December 1, 2000.

[5]         A certificate in the amount of $280.00 is issued accordingly.

                                                                  

MICHELLE LAMY

ASSESSMENT OFFICER

Montreal, Quebec

May 31, 2001


                                                   FEDERAL COURT OF CANADA

                                                               TRIAL DIVISION

                          NAMES OF COUNSEL AND SOLICITORS ON THE RECORD

COURT FILE NO.:                       T-2009-00

STYLE OF CAUSE:                     FINANSBANKEN ASA, a body politic and corporate of Oslo, Noway

                                                                                                                                                 Plaintiff

AND

THE VESSEL "GTS KATIE", THE OWNERS AND ALL OTHERS INTERESTED IN THE VESSEL "GTS KATIE", THIRD OCEAN MARINE NAVIGATION COMPANY L.L.C.

                                                                                                                                           Defendants

ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES

ASSESSMENT OF COSTS -

REASONS BY:                             MICHELLE LAMY, ASSESSMENT OFFICER

DATE OF REASONS:                  MAY 31, 2001

SOLICITORS OF RECORD:

Stikeman Elliott                                                                    for the Plaintiff

Montreal, Quebec

Guy Vaillancourt                                                                  for Clipper Inc. and EPG-MZ

Quebec, Quebec                                                                 L.L.C. and/or Mr. Peter Hornick

Stikeman Elliott                                                                    for Steamship Mutual

Montreal, Quebec                                                               Underwriting Association (Bermuda) Ltd.

Flynn Rivard                                                                        for Calogeras & Master Supplies

Montreal, Quebec                                                               Inc.

Brisset Bishop                                                                     for Lloyd Werft Bremerhaven

Montreal, Quebec                                                               GMBH

Borden Ladner Gervais LLP                                                for Her Majesty the Queen in

Montreal, Quebec                                                               Right of Canada and The Montreal Port Authority

Sproule & Pollack                                                               for Andromeda Navigation Inc.

Montreal, Quebec                                                               and SDV Logistics (Canada) Inc.

Ronald MacDonald                                                             for Ronald MacDonald


Pointe-Claire, Quebec

De Man, Pilotte                                                                   for Hempel Coatings (USA) Inc.

Montreal, Quebec                                                               and The State Ukrainian Crewing Com­pany

Atnikov Moore MacPherson & Drummond                         for Macoil International S.A.

Ottawa, Ontario

Thomas Smith                                                                      for Thomas Smith, C/O Gibson

Montreal, Quebec                                                               Canadian Global Inc. Att: A. Gribble

Fyodor Osipchyuk                                                               for Fyodor Osipchyuk, C/O

Odessa, Ukraine                                                                  Marine Transport Workers' Trade Union of Ukraine

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