Neves and Anr v The Ship "Kristina Logos" and Ors - Federal Court of Appeal (Strayer, Sexton and Evans JJA) - 17 December 2002

Admiralty practice - Priorities - Claim by Crown for forfeiture and fines

The vessel Kristina Logos was seized by Canadian fisheries officers for contraventions of the Fisheries Act, RSC 1985. The Newfoundland Supreme Court imposed fines totalling $120,000, and ordered that $50,000 from the proceeds of sale of the ship be forfeited to the Crown. Disputes arose as to the priorities of payment of the claims resulting from the sale of the vessel (see LMLN 578 - 10 January 2002). MacKay J held the Crown's claim for forfeiture in the amount of $50,000 ranked after the Crown's claim for the costs of repatriation of the crew and after the mortgagee's claim. The forfeiture was not a claim in rem under admiralty law against the ship.