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"Recognition and Priority of Foreign Ship Mortgages"

In The Ship “Betty Ott” v General Bills Ltd (The Betty Ott) [1992] 1 NZLR 655 the Court of Appeal held that a foreign-registered ship mortgage did not enjoy priority over an earlier equitable charge. In a critical analysis of this decision, the author points out that the Court’s approach to choice of law was based on the discredited doctrine of comity and reciprocity. Furthermore, the decision holds serious implications in regard to the security afforded by registered ship mortgages.

Author
Paul Myburgh
Published in
Lloyd's Maritime and Commercial Law Quarterly
Year
1992
Pages
155-161

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