Banco do Brasil v. Alexandros G. Tsavliris ( The )
T-1174-87
Gibson J.
12/10/93
11 pp.
Motion for payment out of Court to plaintiff of balance of monies paid into Court representing proceeds from sale of defendant ship-Ship arrested under warrant issued on June 2, 1987-At time of arrest, ship berthed at wharves of Fraser Surrey Docks Ltd. (Fraser Surrey)-Rouleau J. ordering payment out of Court to plaintiff of balance of funds on deposit except sum of $79,439.90 to remain on deposit in Court until claim of Fraser Surrey resolved-Fraser Surrey claiming monies remaining in Court as expense deemed to be Marshal's expenses-No agreement between Marshal and Fraser Surrey under which Marshal agreed to assume Fraser Surrey's dock charges as Marshal's expenses-Portion of Fraser Surrey's claim relating to period after order by Collier J. dated July 15, 1987 falling within ambit of "necessary and reasonable future expenses"-Terms of paragraph 6 of order not met by Fraser Surrey-Expenses failing to qualify to claim for repayment from Marshal as deemed Marshal's expenses-Whether Fraser Surrey claim qualifies for expense in custodia legis-Court allowing defendant ship to remain at Fraser Surrey's pier and permitting services to be rendered-Argument on behalf of Fraser Surrey for special circumstances based on good faith of claimant when services supplied-Fundamental rules as to priorities should not be modified on basis of equitable considerations-Fraser Surrey not acting in reasonable and prudent way to enable other claimants including plaintiff to most effectively protect interests-No special circumstances for granting priority, on equitable grounds, to claim of Fraser Surrey over claim of plaintiff-Motion allowed.