High Court dismisses claim for damages in respect of alleged unpaid disbursements made by the plaintiff at ports in Latvia and Estonia, on the grounds that that there was no evidence that the defendants entered into the agreements which are the subject matter of the proceedings.
Breach of contract – admiralty - claim for damages in the sum of €95,381.49 - proceedings is in respect of disbursements made by the plaintiff at ports in Latvia and Estonia - claims that the sums due have not been paid – warrant received to arrest the vessel - vessel has been sold since these proceedings commenced – defendants state that they never entered into any agreement with the plaintiff for the provision of agency or any other services, they never requested the provision of such services nor did they obtain the benefit of such services - service was requested by a third party who is not before the court – argued that the claim for disbursements does not give rise to a maritime lien which only arises in the case of the personal liability of the owners – payment of invoices - whether the plaintiff can recover against the vessel - while the master of the vessel was employed by the defendants he was not the servant or agent of the defendants while acting as master during the currency of the time charter since he was subject to the directions of the charterer - no evidence before the court that the master entered into the arrangements which are the subject matter of these proceedings – Court satisfied that the defendants did not enter into the agreements which are the subject matter of these proceedings.