Joint Stock Society “Oceangeotechnology” v The Ship “1201” (ex “John A MacDonald”) and others - Federal Ct (Trial Div) (Teitelbaum J) - 17 January 1994

Plaintiff’s claim based on cancellation of towing contract where contract cancelled by defendant before any towing commenced - Whether plaintiff entitled to bring proceedings in rem as a “claim for towage in respect of a ship”

The plaintiff brought an action in rem against the vessel 1201 (ex John A MacDonald ) and caused the vessel to be arrested. The defendants filed a Notice of Motion applying for an order that the proceedings be struck out and the warrant for arrest be declared invalid on the ground that the in rem proceedings were improperly constituted in that the vessel was not the proper subject matter of the present proceedings.