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Lloyd's Maritime Law Newsletter

General Motors Acceptance Corporation of Canada Ltd v Furjanic and Others (The “Dinamo”) - Federal Court (Trial Div) (Cullen J) - 19 May 1994

Admiralty jurisdiction - Whether Federal Court has jurisdiction to hear claim involving conditional sales agreement relating to a pleasure-craft

The defendant Mr Furjanic entered into a conditional sales contract with Lackie’s Marina Ltd for the purchase of the pleasure-craft Dinamo . At the time the ship was sold the seller agreed to attend to register the ship under the Canada Shipping Act RSC 1985 c S-9 (“the Shipping Act”), since the ship exceeded the tonnage for exemption from registration. The seller never did register the ship. On 26 March 1990 the seller assigned the contract to the plaintiff.

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