23 May 2017, 13:33

Interlegal continues positive practice of debt recovery upon quay dues

Interlegal

The Client, shipbuilding enterprise, filed a request to Interlegal regarding debt recovery from the foreign vessel upon quay dues.

The debt arose due to vessel stay at the entity berth after her transfer to the debtor as economic management. The invoice was issued pursuant to the law but payment was not made. To defend its legal rights, the Client had to apply to the court.

Defense of the Client’s interests was complicated by the fact that parties to the dispute had no signed service agreement, while the enterprise-shipowner was reorganized. Due to the above circumstances, its legal successor – the Defendant stated that it undertook neither to pay quay dues nor to reimburse power supply costs. In addition, the Defendant contested the vessel status and applicable quay dues rate.

In the process of case consideration, Interlegal experts proved foreign vessel status, lawfulness of the Client’s claims as berth user and the Defendant’s unconditional obligation, as legal successor and actual shipowner, to pay quay dues and additional costs.

The court satisfied claim amount exceeding 1,250,000 UAH in full in favour of the Client.

Interlegal senior lawyer Karyna Gorovaya and lawyer Olena Ptashenchuk led the case.

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