Sovrybflot v The Ship “Efim Gorbenko” - High Court (Doogue J) - 2 April 1996

Admiralty jurisdiction - Whether owner of arrested vessel was, when the cause of action arose, in possession or control or any ship - Whether continuity of Russian state-owned enterprise preserved

In this case, exactly the same point arose as was before Colman J in The Kommunar (No 2) - LMLN 436 - 20 July 1996, but in relation to the Novorossiysk fishing fleet. PO Novorossiskirybprom (“PON”) had been privatised and AO Novorossiskrybprom (“AON”) had emerged. The vessel proceeded against was owned by AON when the action was brought but by PON when the cause of action arose. Section 5(2) of the New Zealand Admiralty Act 1973 was in all material respects similar to the English section 21(4) of the Supreme Court Act 1981. It had been argued by AON that AON was not the same legal entity as PON.