DISSENTING OPINION OF JUDGE MARUSTE

To my regret I do not share the findings of the majority of the Chamber.

In essence the action of the bankruptcy trustee was in conformity with his legal duties and the logic of the situation. According to domestic law (section 50, sub-section 2 of the Bankruptcy Act) the official receiver takes over the possession of the property in all respects. The letter was official, it was sent by an insurance company and there was reason to believe that it related to property belonging to the bankruptcy estate. It did not bear any explicit indication that it was of a private or personal nature. Neither were there any indications that the receiver had acted in bad faith. Under these circumstances I find that the interference was of a minimal and formal nature and did not amount to a violation of the Convention.