Annacis Auto Terminals ( 1997 ) Ltd. v. Cali ( The )
T-1261-98
Hargrave P.
24/2/99
8 pp.
Defendants' ship Cali ordered be sold pendente lite in action commenced by Annacis Auto Terminals (1997) Ltd., owner of berth at which Cali lay-Cali sold on December 8, 1998-Order approving sale in favour of Chenko Marine Inc. which intended to tow Cali to China for scraping-By reason of deteriorated condition, Cali could not be moved to anchorage-One of terms of August 5, 1998 order for appraisal and sale of ship berthage to be treated as, given priority of sheriff's costs-With such priority, moorage coming off top of sale proceeds-Cali remaining at berth 75 days after sale-Mortgagee International Trust & Finance Corporation seeking order moorage reimbursement claim by Annacis Auto, after December 8, 1998 sale date, rank not as sheriff's cost but rank behind International Trust mortgage-Phrase "Liberty to apply" appearing in appraisal and sale order not confering right to ask court to vary order-Present order, as to payment of moorage charges, final order-No end in sight to ongoing moorage, to payment of moorage charges from sale proceeds, so long as proceeds last-Priority already established by appraisal and sale order of August 5, 1998-Court orders, such as present, final, subject to specific exceptions in Federal Court Rules-No relief to International Trust on present motion-Possibility of remedy were motion recast under r. 399(2)-Motion dismissed-Federal Court Rules, 1998, SOR/98-106, r. 399(2).