Photo: IA Primore24
The Fifth Appellate Court upheld the right of property of «East Wharf» on the passenger catamaran under construction, and also ordered LLC «Pacifico Marine» transfer of «East Wharf» project and technical documentation of the vessel.
Recall that in August 2010 of «Eastern Shipyard» under contract with the Australian company acquired the project passenger catamaran. November 15 of that year, the boundary between the Department of Industry and Transport and of «Eastern Shipyard» concluded state contract for the supply of marine catamaran. To work on the construction of the hull was raised LLC «Pacifico Marine».
For the registration of ownership of the vessel under construction — it was necessary to document and transfer of administration of the province — JSC «East Wharf» addressed to the captain of the seaport of Vladivostok with the registration application being built catamaran. In the registration was refused on the grounds that the registry of vessels under construction already contains a record of the registered rights of another owner — Company «Pacifico Marine».
JSC «East Wharf \’, assuming that the ownership of the ship under construction to them under the state contract, as well as the right to the design and technical documentation acquired by him for the construction of the vessel, owned by him, went to court.
By a decision of 20 December 2012 the Arbitration Court of the edge of the action and recognized the right of ownership over «East Wharf», ordered the defendant to transfer the design and documentation of passenger catamaran, as the Company «Pacifico Marine» legal grounds for possession catamaran absent, and the executor of the state contract and accordingly, the owner of the ship is «East Wharf.» The Fifth Appellate Court upheld that decision in court on May 15.