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South Africa Bridge Oil Limited v. The Fund constituting the proceeds of the sale of the m/v "Megas", High Court of South Africa 12 June 2000 (not yet reported). In April 2000 Bridge Oil obtained from the Tribunal of Tuzla a pledge
right on the m/v Aksu, of Turkish flag as security for a claim
for supply of bunker. Later that year the mortgagees of the vessel,
Hamburgische Landesbank Girozentrale, arrested and sold the vessel in
Denmark. The vessel was purchased by Barrington Enterprises S.A. who
in turn sold it to Mega Navigation Ltd., a Maltese company, who registered
the vessel in Malta without obtaining its prior deregistration from
the Turkish register.
United States Loginter S.A., Parque Industrial Agua Profunda S.A. UTE et al. v. M/V Nobility, in rem, United States District Court, District of Maryland 10 September 2001 (177 F. Supp. 2d 411) Loginter S.A., Parque Industrial Agua
Profunda S.A. UTE and other companies, based in different countries,
brought an in rem action against the M/V Nobility, of Maltese
flag, for services provided in various ports on the ground that their
claims were secured by a maritime lien. One of the plaintiffs, Poseidon
& Frachtcontor Junge Ltd., served as husbanding agent for the Nobility
during its call at the port of Szezecin, in Poland and provided and
arranged for services for the vessel which were not paid. There was
agreement that the law of Poland applied but there was disagreement
as to whether the Polish Maritime Code gave Poseidon a maritime lien
against the Nobility. It was accepted that the 1926 Brussels
Convention on Maritime Liens and Mortgages did not apply, since Malta
was not a Contracting State, and that consequently the relevant provision
was article 68.5 of the Polish Maritime Code which so provides (the
provision is practically identical to article 2.5 of the Convention):
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