The Fifth Appellate Court upheld the right of property of «East Wharf» on the passenger catamaran under construction, and ordered the Company «Pacifico Marine» transfer of «East Wharf» project and technical documentation of the vessel.
Catamaran Summit acquired the lawful owner of
In August 2010 JSC «Eastern Shipyard» acquired passenger catamaran project under a contract with an Australian company. November 15 of the same year between the Department of Industry and Transport of the Primorsky Territory and the «Eastern Shipyard» state signed a contract for the supply of marine catamaran. To carry out work on the construction of the hull was raised LLC «Pacific Marine.»
For the purpose of registration of ownership of the vessel under construction to further his documentation and transfer to the buyer on completion — Primorsky Krai Administration with the registration of the transfer of ownership of the vessel to the buyer\’s name of «East Wharf» addressed to the captain of the seaport Vladivostok an application for registration under construction 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 — OOO «Pacific Marine.»
Of «East Wharf \’, assuming that the ownership of the ship under construction to them on a government contract, as well as the rights to the design and technical documentation acquired by him for the construction of the vessel, owned by him, went to court with these requirements.
By a decision of 20 December 2012 the Arbitration Court of Primorye satisfied the claim and recognized the right of ownership of JSC «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 Executive government contract and, accordingly, the owner of the ship is of «East Wharf.»
The Fifth Appellate Court upheld that decision in court May 152013 — According to Chief Specialist of Public Relations and Media of the Fifth Appellate Court Marina Kratanchuk.
