Alpha Trading Monaco SAM v The ship “Sarah Desgagnés” and Ors – Federal Ct (Harrington J) – 24 June 2010

Admiralty practice – Anti-suit injunction – Bunker supplier arresting ship in Canada to secure claim for several unpaid invoices – Supplier agreeing to release ship on owners’ undertaking to post bail – Supplier unilaterally amending statement of claim limiting it to one invoice and then re-arresting ship in Belgium to enforce claim against her time charterer for payment of other invoices – Whether supplier acting oppressively and vexatiously

The Sarah Desgagnés, a Canadian-flagged vessel, owned by Transport Desgagnés Inc (“the owners”), and under time charter to Petro-Nav Inc, was under subtime charter in the Shelltime 4 form to Maritima Fluviale Di Navigazione SpA of Genoa, Italy (“MFN”). It was the charterer’s obligation to furnish and pay for fuel. A special rider clause was added to make it clear that in no circumstances were the time charterers to purport to grant a lien on the ship.