Debt recovery for wharf dues
28 September, 2016
11
The client, shipbuilding enterprise, applied to Interlegal upon representation of interests due to debt recovery for wharf dues from foreign-going vessels.
The debt arose due to the vessel mooring at the enterprise’s berths against shipowner’s guarantee to pay wharf dues and electricity costs in full, under the invoices issued in compliance with the parties’ agreement and law regulations. Payment was not performed and the client had to file a claim to the court defending its lawful rights.
During case proceedings, Interlegal experts proved status of foreign-going vessels and lawful claims of the Client as berth user. The first instance court satisfied in full the claim concerning payment of wharf dues and electricity costs in the amount exceeding 1,800,000.00 UAH.
Shipowner disagreed with the conclusion of the first instance court and appealed against the decision.
During appeal proceedings, Interlegal experts managed to defend the Client’s interests in full and to prove lawfulness and feasibility of the first instance court decision.
Under the detailed analysis of legal grounds for wharf due recovery based on the rates for foreign-going vessels, considering actual circumstances of the case and the parties’ additional explanations, the court of appeal ordered to reject satisfaction of the appeal and to uphold the first instance court decision.
Interlegal lawyers Karyna Gorovaya and Olena Ptashenchuk led the case.
