--(1) Where in a claim in rem against a ship the court has ordered the ship to be sold, any party, who has obtained or obtains judgment against the ship or proceeds of sale of the ship, may-
----(a) in a case where the order for sale contains the further order referred to in paragraph (2), after the expiration of the period specified in the order under paragraph (2)(a); or
--(b) in any other case, after obtaining judgment, apply to the court for an order determining the order of priority of the claims against the proceeds of sale of the ship.
(Part 11 deals with applications to the court)
--(2) Where in a claim in rem against a ship the court orders the ship to be sold, it may further order that-
----(a) the order of priority of the claims against the proceeds of sale of the ship is not to be determined until after the expiration of 90 days, or such other period as the court may specify, beginning with the day on which the proceeds of sale are paid into court;
----(b) any party to the proceedings or to any other claim in rem against the ship or the proceeds of sale thereof may apply to the court in the proceedings to which he is a party to extend the period specified in the order; and
----(c) within 7 days after the date of payment into court of the proceeds of sale the marshal must send for publication in the Trinidad and Tobago Gazette and such other newspaper, if any, as the court may direct, a notice complying with paragraph (3).
--(3) The notice referred to in paragraph (2)(c) must state that-
----(a) the ship (naming her) has been sold by order of the High Court in a claim in rem, identifying the claim;
----(b) the gross proceeds of the sale as specified have been paid into court;
----(c) the order of priority of the claims against the said proceeds will not be determined until after the expiration of the period (specifying it) specified in the order for sale; and
----(d) any person with a claim against the ship or the proceeds of sale thereof, on which he intends to proceed to judgment should do so before the expiration of that period.
--(4) The marshal must lodge in the court a copy of each newspaper in which the notice referred to in paragraph (2)(c) appeared.
--(5) The expenses incurred by the marshal in complying with an order of the court under this rule are to be included in his expenses relating to the sale of the ship.
--(6) A copy of any application to the court to extend the period referred to in paragraph (2)(a) must be served on each party who has begun a claim in rem against the ship or the proceeds of sale thereof at least 3 days before the day fixed for the hearing.
Notes
Amended by Legal Notice 140 of 2000.
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