Turkey's Supreme Court affirms lien rights in a maritime dispute, concluding a 16-year legal battle over a ship's mechanical failure.
A significant maritime trade dispute that began when a vessel was unable to complete its voyage due to a machinery failure has reached the Supreme Court of Appeals, where the 11th Civil Chamber issued a precedent-setting decision.
The plaintiff company chartered a foreign-flagged cargo ship under a charter agreement in 2010. However, the ship encountered serious issues due to consecutive machinery and generator failures during its overseas voyage.
During the period the ship was waiting in ports, repair costs, fuel expenses, and various payments were covered by the chartering company.
The company, which made significant payments to ensure the vessel could continue its operations, including approximately $231,000 in fuel expenses, later stated that the ship was barred from sailing in Kocaeli by a court decision due to the non-payment of the crew's wages.
The cargo on board the ship was transferred to another vessel.
REQUEST FOR LIEN RIGHT
The plaintiff company filed a lawsuit requesting the determination of its legal lien right on the ship due to the payments made and the collection of its receivables.
The Kocaeli Commercial Court partially accepted the case; however, the file came before the Supreme Court of Appeals and the General Assembly of Civil Law over the years.
The General Assembly of Civil Law of the Supreme Court of Appeals annulled the file on the grounds that insufficient court fees were paid when the lawsuit was filed. After the deficiencies were rectified, the local court made a new decision, ruling that the plaintiff had a receivable of $231,000 and that there was a lien right on the ship.
This decision was again appealed. The 11th Civil Chamber of the Supreme Court of Appeals, reviewing the file, stated that there was no legal contradiction in the local court's evaluation and unanimously upheld the decision.
Thus, the plaintiff company's receivable of $231,000 and its legal lien right on the ship became final.
The Supreme Court also ruled that a litigation attorney fee of 40,000 Turkish Lira should be collected from the defendant and paid to the plaintiff. The litigation process, which has lasted over 16 years, is considered an important precedent regarding the conditions under which mandatory payments made by ship charterers in maritime trade can be secured.
Murathan Birinci / Noktagazetesi.com.tr
Source: SeaNews Türkiye
