PRACTICE
Contempt of Court
Application for show cause order for apparent breach of arrest of dredge Sandpiper VI and its equipment when defendants allegedly used portion of vessel’s quipment: floating dredging spoils pipeline—Plaintiff must establish prima facie case of conduct by which defendants have breached arrest warrant, existence of which defendants aware—Application allowed—Clearly established that not only equipment on board ship, but also any portion of vessel’s equipment which have been removed and taken ashore before arrest, may be caught by arrest warrant: Pacific Tractor Rentals (V.I.) Ltd. v. The Ship “Palaquin” (1996), 115 F.T.R. 224 (T.D.)—Herein, prima facie case dredging spoils pipeline caught by arrest, based on plaintiff’s motion and material—Movement of arrested equipment, without permission of Court, serious matter and may lead to finding of contempt—Prima facie case contempt committed—Show cause order will therefore issue.
Whyte v. Sandpiper VI (The) (T-2157-01, 2002 FCT 271, Hargrave P., order date 11/3/02, 7 pp.)