Bank of Scotland v The Owners of the ship ‘Nel’ and Anr - Fed Ct (Trial Div)(Hargrave P) - 5 January 1999

Admiralty practice - Bunkers - Whether bunkers supplier entitled to recover price of bunkers from proceeds of court approved sale - Whether bunkers supplier reserved title to the bunkers

The applicant (‘Canserv’) was the Vancouver shipping agent for the vessel Nel who happened to be an ad hoc bunker supplier and now looked to retrieve the price of those bunkers - US$89,550 - from the value of the bunkers which were aboard the vessel when she was sold pursuant to a court approved sale.