Fournier and Ors v The Ship “Margaret Z” - High Court (Fisher J) - 1 April 1999

Admiralty practice - Priorities - Whether fuel supplier and crew members claiming damages for personal injuries entitled to assert maritime lien in priority to mortgagee

The vessel Margaret Z was arrested at the instigation of the Master and crew claiming wages, and was sold for approximately $9 million. A question of priority over the proceeds of sale arose between the mortgagee, a supplier of fuel (“Clipper Oil”), and three crew members who claimed damages for personal injuries whilst carrying out their duties on board the vessel. All the claimants were statutory claimants in rem under the provisions of the Admiralty Act 1973. The question was whether Clipper Oil and the personal injury claimants could go further and demonstrate some basis for enhancing their position by establishing that they were entitled to a maritime lien.