1 C.L.R. 1984 August 14 [DEMETRIADES, J.] TA-KIS TH.PAPADOPOULOS, Plaintiff. v. THE OWNERS OF THE SHIP "ROMANA" EX "DIANA", Defendants. {Admiralty Action No. 413/83). 5 10 15 20 25 Admiralty—Practice—Discovery of documents—Interrogatories—Dis covery ordered even though documents in the possession of the defendants werebefore the Court becausediscoveryshall be made by affidavit with regard to the particular application and not to any other proceedingsin the action—Rule 93 of the Cyprus Admi ralty Jurisdiction Order, 1893—Claim for necessary goods and materials applied to the defendant ship— Defendants alleging that vesselboughtby,allegednew ownerbefore the commencement of the action—Plaintiff alleging that owners described in their petition are the beneficial owners of the ship—Proper that inter rogatories be delivered and be answered by alleged neyvowner. The plaintiff in this Action claimed payment of the sum of " £3,551.235 mils as the agreed or reasonable price for necessary goods and materials supplied ·ΐο the defendant ship at the dePendants'request. By the answer which the defendants filed in reply to thepetitionof the plaintiff they alleged thatat thetimeof the commencement of the action ,the owner of the ship was a certain Jamal El DinA.K. Tayib Al Raffii, of Tripoli, who had, on the 19th July, 1983, purchased her free of encumbrances; that the claims raised in the action did not.create maritimelien and/or a cause of actionin rem and that at the time of the filing , of the action the ship was not owned'by any person who may have been personally liable to the plaintiff. In the petition the plairtiff alleged thatthedefendantswere threepersonscf Tripeli, Lebanon, noneof thembeing the person alleged in theanswer to :be the owner of the ship and that these persons at all relevant times to the action were and still are the beneficial owners of the 497 I'jpadopoulios ·\. Ship "Rontana"
(1984)ship,which sails undertheflag of Lebanon,afact that is admitted by the defendants-respondents. "Upon an application* by the plaintiff for discovery of docu ments and for interrogatories it was argued for the defendant* that all documents in their possession were before ihe Couit; that the interrogaiories were designed to prove a cause of action not pleaded ; thattheywillnotsavebutwilladd tothecrsts; and that they weie unreasonable and unnecessary. 5 Held, that though all documents whicu are m the possession of the defendants are befcre the Court discovery shall be made ID by affidavit with regard to this particular application and notto any other proceedings in the action (see rule 93 of the Cyprus Admiralty Jurisdiction Order, 1893): and that therefore it is hereby ordered that the respondent and the alleged by them owner of theship makediscovery on oathcf all documentswhich 15 are in their possession or power relating to any matter raised by the pleadings.
(2)That in the light of the averments in the pleadings and, in particular, the allegation of the defendants that the vessel had been bought by thealleged new owner before thecommencement 20 of the action,and in view of theallegations made in thepetition that the described in it owners are the beneficial owners of the ship, this is aproper case in which to direct thattheinterrogato ries applied for be delivered and be answered by Jaroal El Din A.K. El Tayib Al Raffii within 30 days from to day. 25 Application granted. implication. Application by plaintiff for an order that the defendants and ae intervener make and file an affidavit within 15 days of such •rderstating what documentsare orhave beenintheirpossession 30 τ power relating to the matters in question in the present action •nd for leave to deliver to the intervener the interrogatories hown in the document attached to the application and that the ntervener answer the interrogatories on affidavit within 15 days. Gl. Talianos, for the applicant-plaintiff. 35 N. Kanias, for the respondents-defendants. Cur. adv. vult. The application is quoted in full at pp. 499-500 post. 498 1 C.L.R. Papadopoullos \. Ship "Romans" DEMETRIADES J. read the following ruling. This is an application bywhichtheapplicant-plaintiff inthe above action applies for an Order that:- 5 10 (a) The defendants and the intervener make and file an affidavit within fifteen
(15)days from the date of such Order stating what documents are in their possession or power and what documents have been in their possession or power relating to the matters in question in the present action. (b) The plaintiff have leave to delivei to the intervener in this action Jamal El Din A.K. El Tayib Al Raffii the interrogatories shown in the document attached to the application and that the said intervener answer the interrogatories on affidavit within fifteen
(15)days. 15 The said interrogatories read as follows:"1. Have you paid any money for the purchase of the ship? And if yes (
- a)To whom was such payment made? (
- b)When and where was the payment made? 20 (
- c)How was such payment made? (
- d)If by cheque, on which Bank was the cheque drawn upon? 25 (
- e)If by transfer of funds through a Bank, through which Bank was the money transferred and to which Bank was it transferred to? 2. Give the name and address of the person or persons or company who managed the ship and its business since its alleged purchase by you. 30 3. If at or at any time prior to the time of the institution of these proceedings the ship was under the management of a person or persons or company other than yourself, you are required to answer the following questions: (
- a)Who appointed such manager and when? 35 (
- b)Who acted for the owners and who acted for the managers in concluding the appointment? 499 Dcmetriades J. Papadopoullos v. Ship "Romana"
(1984)(
- c)Was the appointment made in writing or by word of mouth? 4. Has the ship been commercially employed since its alleged purchase by you? If yes (
- a)State the voyages which the ship has done prior to the institution of these proceedings - 5 (
- b)State the nature of the business in which the ship was engaged •(
- c)State the name and address of the person or persons or company to whom the proceeds from such business were paid - 10 (
- d)'State the name and address of the person or persons or 'company who paid for the incidental exprenses in the employment of the ship. 5. Haveyou prior to the institution of these proceedings been 15 paying from your own accounts and with your own money the expenses for the maintenance and operation •of the ship?" The present application is based on rules 93 and 91 of the Cyprus Admiralty Jurisdiction Order, 1893. 20 The defendants-respondents opposed the application and put forward the following allegations: " 1 . The documents which are in the possession of the defendant ship ROMANA ex DIANA and her owner Jamal El Din A.K. El Tayib AI Raffii are before the Court, 25 filed with the affidavit of Neophytos D Kanias in support of the opposition dated 7.1.1984. 2. The-interrogatories 1 to 5are designed to prove a cause of .action not pleaded. The applicant is really looking for a case rather than trying to establish one which he has 30 ^already alleged. 3. The interrogatories will not save but will add to the costs. 4. Ths interrogatories are oppressive and/or scandalous and/or irrelevant and/or relate to the evidence and/or credit of the defendants. 500 35 1!C.L.Rl. Papadopoullos v. Ship "Romans" Demetriades J'.- 5: The application,is unreasonable. The interrogatories arenot necessary and/or not necessary for disposing, fairly of" the action. 5: 10' 6: Without prejudice tothe above thedefendantship Romana·. ex DIANA-and.her owner Jamel ΕΓDin A.K... EITayib Al: Raffii allege that the· answersi to· the interrogatories: which.might be:relevant are contained-in the documents. filed'with'the'affidavitof Neophytos D':Kanias in1support of the- opposition1 dated 7.1U984":. By his action the plaintiff claims, payment, of trie, sum of.' £3;551.235 mils as·the agreed or reasonable price,for necessary goods- and materials supplied to»the defendant ship at-the-de fendants' request.. The. pleadings in. the-action, have been closed', and', by the· l-5; answer which.the defendants filed in.reply to the petition.of>'the. plaintiff they allege,that a tthe time of the commencement:of.'the; action the owner of the ship was a certain.Jamal' El!Din" A.K. Tayib' Al! Raffii; of Tripoli; who had; on the 19th.July, 1983',, purchased herfree of encumbrances;.that the claims-raised'in-the 20' action do not create maritime Uen and/or a cause of action in. rem and.that at the time of the^filing of the·action the ship was^ not owned by any person who-may have:beenpersonally -liable to>the--plaintiff. In the petition' the plaintiff alleges, that the defendants,are three-persons of Tripoli; Lebanon;,none of them 25 being1 the.person' alleged, ϋτ the;answer' to> be:the·owner of the: 1 ship and that these;persons at all relevant times' to the action; were and still-are·the·beneficial' owners,of the.ship, which sails. under the-flag of Lebanon-, a fact that- is-admitted, by the defendants^respondents: 30' in the course of the hearing counsel"for the: applicant-plaintiff' abandoned his· request for the- information asked5 for in para graph 3 of the interrogatories: With regard to the request of the plaintiff for discovery of documents counsel for thedefendants argued that thedocuments. 35' concerned were already in the possessibn.of the plaintiff,.as they are appended' as exhibits· to an affidavit filed by counsel,on1,the 7th January,, 1984. This affidavit, however, was filed!ihisupport of other interlocutory proceedings notconnectedwith the present application of the plaintiff. 501 Demetriades .1. Papadopoullos \. Ship "Romana
(1984)Rule 93of the Cyprus Admiralty Jurisdiction Older, on which the applicant relies for his prayer for discovery of documents. provides: "The Court or Judge may, on the application of any party to an action and without notice to any other paity, order that any other party shall make discovery, by affidavit, of all documents which are in hispossesssion or powei relating to any matter in question therein." 5 Counsel for the defendants argued that all documents which are in their possession are before the Court, but in the light of 10 the wording of rule 93 it isclear that discovery shall bemade by affidavit with regard to this particular application and not to any other proceedings in the action. In any event, the documents appended to the affidavit of counsel dated 7th January, 1984,are in Arabic, a language unknown to the Court, they ate uncertified 15 photocopies and no translation accompanies them. In the light of the above, I order that the respondents and the alleged by them owner ofthe ship make discovery on oath of all documents which are in their possession or power relating to any matter raised by the pleadings. This discovery should be made 20 within thirty
(30)days from today and if the documents arc in a foreign language other than English or Gteek, they should be accompanied by a translation ceitified as a true one by an authorised organ or person. I now come to the objection of the defendants-respondents as 25 regards the request for interrogatories. I have already set out the allegations relied upon by the defendants in refusing to give answers to these interrogatories. The arguments put fotward bycounsel in hisaddressin support of therefusal to answer these interrogatories were not at all persuasive so that I can refuse to 30 make an order to that effect. In addition, these allegations are not substantiated by any affidavit. Inthe light of theavermentsinthepleadingsand,in particular, the allegation of the defendants that the vessel had been bought bythe alleged new owner before thecommencement oftheaction, 35 and in view of the allegations made in the petition that the described in it owners ate the beneficial owners of the ship, I 502 Dcmetriades J. Papadopoullos \. Ship "Romana" Dcmetriades J. find that this is a proper case in which to direct that interrogatories 1, 2, 4 and 5be delivered and be answered by Jamal El Din A.K. El Tayib Al Raffii within thirty
(30)days from today. Orders accordingly. 5 Respondents to pay the costs of the application. Order and orderfor costs asabove. 503