Babcock Fitzroy v M/V Southern Pasifika

摘要

The plaintiff (Babcock) and the third intervener (OLB) disputed their respective priorities in the sale proceeds of the motor vessel Southern Pasifika. Babcock carried out repair and refit work on the vessel in February to March 2011. There was no dispute that the relevant contract was between Babcock and the vessel's owner. OLB held a mortgage over the vessel and its sale proceeds as a secured creditor. A ship's mortgagee normally had priority.