Admiralty & Maritime Cases - Northern Territory

Listing by year

A selection of cases (with links to full text where available)

2010

Stott v Russell; Fellows v Russell [2010] NTSC 49 (22 October 2010)
Maritime law — Offences — Fishing offences — Licences

2006 - 2009

No cases

2005

R v Zainudin & Ho [2005] NTSC 14 (24 January 2005)
Sentencing, whether time spent in immigration detention is time spent in custody, backdating of sentence, offences of using foreign vessel for fishing in the Australian Fishing Zone and having a foreign boat equipped for fishing in an Australian Fishing Zone, Fisheries Management Act ss 100A(1), 101A(2), 100A(2)(a), offence of resisting a public official

Renehan v Leeuwin Ocean Adventure Foundation Ltd & Anor [2005] NTSC (24 January 2005)
Documents created as result of an investigation into an accident under Navigation (Marine Casualty) Regulations 1990 (Cth), application for order to produce these protected documents, disclosure ordered as public benefit in disclosure of information outweighs possible effect on future investigations, may assist plaintiff in personal injuries case

2003

Cox v Minister for Immigration, Multicultural Affairs and Indigenous Affairs (2003) 143 NTR 10
Habeas corpus, asylum seekers, towed from Australian waters by Navy, unlawful detention

2001

Sanara & Ors v Munn [2001] NTSC 63 (1 August 2001)
Appeal against sentence, use of foreign boat in Australian Fishing Zone, possession of a boat equipped with equipment for fishing within Australian Fishing Zone, general deterrence, whether statistical evidence was sufficient to show an increase in prevalence such as to justify an increase in penalty, forfeiture of vessel and equipment, Fisheries Management Act ss100A(1), 101A(2), 100A(2)(a)

2000

Darwin Ship Repair & Engineering Pty Ltd v Cranage [2000] NTSC 60
Workers' compensation

R v Sukarni & ors [2000] NTSC 13 (22 March 2000)
Unlawful entry into Australia by Indonesian vessel, people smuggling, migration zone, admissibility of interviews, Migration Act ss 5, 232A, 233(1)(a)

1999

MacKay v Diman [1999] NTSC 96 (7 September 1999)
Use of foreign boat for commercial fishing in the Australian Fishing Zone, having possession or charge of foreign boat equipped for fishing, Fisheries Management Act 1991 ss100-101 & 106, forfeiture of vessel and its equipment and catch

1997

Richard White v Pink Batts Insulation Pty Ltd formerly known as Divic Pty Ltd formerly known as Dimet Corrosion Prevention Pty Ltd No. 138/93 [1997] NTSC 25
Workers' compensation, injury to lungs sandblasting and painting ships, application by plaintiff to join second defendant, application by defendant for summary judgment on basis of proceeding against the wrong defendant

1996

Richard Bruce Carlson v Gillian Ruth Hayward No. JA1 OF 1996 [1996] NTSC 24
Trespass to wharf to protest loading of uranium on ship

1995

Laemthong International Lines Co Ltd as the owners of the ship 'Laemthong Pride' as the surrogate for the vessel 'Nyanza' v BPS Shipping Ltd No. AP 27 of 1995 (1995) 5 NTLR 59; [1995] NTSC 116 (3 November 1995)
ss 4 & 21 of the Admiralty Act 1988 (Cth), ‘relevant person’, proceedings in rem, surrogate ship, re-arrest of ship, claim for demurrage & dead freight & damages for breach of an implied term of a charterparty

Pedro Pikos v Australian Boat Sales Pty Ltd, Neil Moran and Sue Moran trading as Narkku Marine Agencies, Warren Henry and Peter Distel No. SC No. 50/95 [1995] NTSC 80
Agreement for purchase of vessel, misrepresentations as to condition of vessel, cross vesting, choice of forum and balance of convenience

Sakellarios Mavros v AA Constructions Pty Ltd (in liquidation) and Dionisia Agapitos, Maria Passas, Cleo Ginnis, Tina Agapitos and Agapitos Agapitos (Interveners) No. 137 of 1990 [1995] NTSC 19
Application to discharge Mareva injunction preventing shipping company from dealing with containers consigned by the applicants

Toren Fishing and Trading Pty Ltd v McKenzie Family Nominees Pty Ltd, SBF Engineering Pty Ltd and MG Kailis (1962) Pty Ltd No. 229 of 1994 (1995) 4 NTLR 195; [1995] NTSC 57
Agreement to purchase fishing vessel after surveys and repairs carried out, surveys and repairs done negligently, cross vesting

1993

Manning Services Australia Pty Ltd v Peter Pulman No. SC32 of 1992 (1993) 113 FLR 168; [1993] NTSC 24
Workers' compensation, injury on an oilrig

Mermaid Marine Management v Mark Hall P and O Australia Limited No. 48 of 1992 (1993) 96 NTR 7 (1993) 112 FLR 125; [1993] NTSC 1
Workers' compensation, injury on an oilrig, power to award interim payments

1988

CDC Holdings Pty Ltd (trading as Fleetmaster v The Ship 'Red Bluff' No. 344 of 1988 [1988] NTSC 44 (22 June 1988)
Admiralty jurisdiction – whether Vice-Admiralty Rules or Supreme Court Rules apply, costs

1987

Carl Bridgeman v Colin Lewis Smith; Greensteel Constructions Pty Ltd; Kim Hamilton; Queensland Insurance Pty Ltd and Territory Insurance Office No. 142 of 1983 [1987] NTSC 63
Plaintiff aboard yacht which fell during transportation by semi-trailer, plaintiff injured when he jumped from the falling yacht

Chiou Yaou Fa v Thomas Morris (1987) 46 NTR 1; [1987] NTSC 20 (8 May 1987)
Commonwealth Fisheries Act, strict liability, defence of honest and reasonable mistake, vessel in Australian Fishing Zone, forfeiture of vessel not excessive