Interlegal defended the first instance court decision

At the first instance court, Interlegal charged successfully the debt on quay dues exceeding 1,250,000 UAH against the foreign-going vessel. Having disagreed with the court decision, the Defendant – state enterprise applied to the court of appeal on cancelling the court decision.

The debt occurred duet to the vessel stay at the entity’s berth after her transfer to the debtor for operational management. Although the invoice was issued in compliance with the law, it remained unpaid.

Defense of the Client’s interests was complicated by the facts that there was no signed legal service agreement between the parties to dispute, while the primary entity – shipowner was reorganized. Due to the above circumstances, its legal successor – Defendant stated that it was not obliged to pay quay dues and power supply costs. The Defendant contested also the vessel status and the applicable rate of quay dues.

In the process of case consideration, Interlegal lawyers denied the Defendant’s argument, proved once more the foreign-going vessel status, lawfulness of claims set by the Client as berth user and direct liability of the Defendant as legal successor and actual shipowner to pay quay dues and additional costs.

Having agreed with position of the first instance court and Interlegal lawyers, the judicial board retained in force the first instance court decision and confirmed lawfulness of the Client’s claims.

Interlegal senior lawyer Karyna Gorovaya and lawyer Mikhail Selivanov led the case.