THE “IRINA ZHARKIKH” AND “KSENIA ZHARKIKH”

[2001] 2 Lloyd's Rep. 319

NEW ZEALAND HIGH COURT IN ADMIRALTYCHRISTCHURCH REGISTRY

Before Young, J.

Admiralty practice - Action in rem - Stay of action - Charters in respect of fishing vessels - Ministry of Fisheries alleged breach of fisheries legislation - Charterers claimed indemnity - Charters contained arbitration clause - Whether action should be stayed - Whether arbitral award exhausted underlying cause of action - Whether rule that unsatisfied in personam judgment did not exclude subsequent in rem claim applied to unsatisfied arbitral award - Whether Mareva injunction should be discharged.