Admiralty & Maritime Cases - Federal Court of Australia
Admiralty & Maritime Cases - Federal Court of Australia
28 Oct 2024: Nick Scali Ltd v Lion Global Forwarding Pty Ltd [2024] FCA 1247
STEWART J
SHIPPING AND NAVIGATION - where applicant seeks urgent release of shipping containers held by the first respondent in exchange for payment into court as security of amounts owing by the applicant to the first respondent - contractual general and particular possessory lien - whether there is a serious question to be tried as a basis for interlocutory relief
18 Oct 2024: Dan-Bunkering (Singapore) Pte Ltd v The Ship Yangtze Fortune (Distribution) [2024] FCA 1220
STEWART J
ADMIRALTY - distribution of the proceeds of the fund arising from judicial sale of the vessel following determination of priorities - costs
1 Oct 2024: Dan-Bunkering (Singapore) Pte Ltd v The Ship Yangtze Fortune (Priorities) [2024] FCA 1149
STEWART J
ADMIRALTY - vessel owner's claim on demise charterer's liability to it for unpaid hire as instalments under a purchase lease - whether a general maritime claim - basis for proceeding in rem - whether charterer no longer the demise charterer at time proceeding commenced - whether charterer terminated the charter - whether owner accepted repudiation of the charter - whether charterer lost possession of the vessel and if so whether that terminated the charter - whether rights…
9 Aug 2024: Iveco S.P.A v The Ship Hoegh London [2024] FCA 901
STEWART J
ADMIRALTY - application by shipowner for release of vessel under arrest - whether vessel should be released from arrest - where writ as to arrest impermissibly cited corporations as relevant persons and melded in rem and in personam claims - costs of application for release
26 Jul 2024: CSL Australia Pty Ltd v Tasmanian Ports Corporation Pty Ltd (The Goliath) [2024] FCA 824
STEWART J
SHIPPING AND NAVIGATION - Convention on Limitation of Liability for Maritime Claims (1976) given the force of law by the Limitation of Liability for Maritime Claims Act 1989 (Cth) - meaning and scope of Arts 2(1)(a) and (d) of the Convention - where vessel allided with two berthed tugs owned by Tasmanian Ports Corporation (TasPorts) - where tugs sank and became wrecks - where TasPorts claims against the owners of the vessel for the costs of the recovery, removal and disposal …
20 Jun 2024: Gordon v The Vessel "Southern Star" [2024] FCA 674
STEWART J
ADMIRALTY - where party-boat arrested for small claim - where three caveats against release, also small claims - where owner of vessel applies for release of vessel from arrest - where urgency arising from imminent commencement of charter - where parties close to agreeing security for release - whether vessel should be permitted to trade including delivery for charter while under arrest pending agreement on acceptable security - considerations - permission given subject to…
13 Jun 2024: JMD Park Pty Ltd v The Ship "Bluefin" [2024] FCA 637
SARAH C DERRINGTON J
ADMIRALTY - application for judicial sale of ship - fishing vessel - orders made for judicial sale with provision for valuation - form of undertaking under r 69 of the Admiralty Rules 1988 (Cth) - method of sale to be determined by Admiralty Marshal
7 Jun 2024: Australasian Global Exports Pty Ltd v The Ship M/V Yangtze Fortune, the Proceeds of Sale [2024] FCA 614
STEWART J
ARBITRATION - application for enforcement of foreign arbitral award under s 8(3) of the International Arbitration Act 1974 (Cth) - one-stage process - award debtor served abroad - whether notice period adequate - award enforced and judgment entered, but judgment stayed for period of time to allow a challenge, if any
26 Apr 2024: Burrows v The Ship 'Merlion' (No 2) [2024] FCA 429
SARAH C DERRINGTON J
ADMIRALTY PROCEDURE - application for judgment in default of appearance - where defendant entered conditional appearance to challenge jurisdiction - where challenge largely failed - effect of failure on conditional appearance - where defendant also brought application for summary judgment - whether defendant taken to have waived objection to jurisdiction
13 Mar 2024: Burrows v The Ship 'Merlion' [2024] FCA 220
SARAH C DERRINGTON J
ADMIRALTY AND MARITIME JURISDICTION - jurisdiction in rem - application to strike out pleaded claims on the basis of which ship was arrested - whether claims arising under a trust, Barnes v Addy, a "sham", misleading or deceptive conduct, conversion, and detinue have legal character of
12 Mar 2024: Dan-Bunkering (Singapore) Pte Ltd v The Ship Yangtze Fortune (No 3) [2024] FCA 219
STEWART J
ADMIRALTY - application for leave to claim out of time upon the fund constituted by the proceeds of judicial sale of the ship Yangtze Fortune - liability of the fund for demise charterer's debts - construction of ss 18 and 24 of the Admiralty Act 1988 (Cth) and rr 9.02 and 9.03 of the Federal Court Rules 2011 (Cth) - whether applicant has reasonable prospects of success in its claim - where evidence that charterparty terminated before judicial sale of ship - where applicant…
23 Jul 2004: Alkimos Shipping Company v Hind Lever Chemicals Corporation Limited [2004] FCA 969
ALLSOP J
ADMIRALTY AND MARITIME JURISDICTION - leave to serve outside Australia - anti-suit injunction - sought on the basis of incorporation of charterparty Brisbane arbitration clause into Congenbill of lading
19 Sep 2002: News Maritime Co Ltd v 'Hyundai Cosmos' [2002] FCA 1164
TAMBERLIN J (121 FCR 77)
ADMIRALTY - ship arrested by Marshal at Port Gladstone - vessel loaded with cargo at the port of Newcastle - further cargo of coal to be loaded at Port Gladstone - application to move arrested vessel to enable loading of coal cargo at Port Gladstone - application to move and load vessel opposed - consideration of whether appropriate to move vessel to berth and permit loading - whether Court should permit movement and loading of vessel under arrest
16 Sep 1994: Freshpac Machinery Pty Ltd & Anor The Ship Joana Bonita [1994] FCA 661
Sheppard J (125 ALR 683)
SHIPPING AND NAVIGATION - admiralty jurisdiction law and practice - release from arrest (of a ship) - provision of security by way of P&I Club letter of undertaking - consideration of relevant principles.
6 Oct 1994: Translink Pacific Shipping Ltd v Baltic Shipping Co & Ors [1994] FCA 1095
Lee J
SHIPPING AND NAVIGATION - Admiralty - proceedings in rem brought against vessel as a surrogate ship under s 19 of the Admiralty Act 1988 - application for release of vessel on the ground that arrest was unjustifiable and wrongful - ownership of vessel in issue - commencement of consecutive separate proceedings against defendant and arrest of second vessel - whether an oppressive step
24 Sep 2004: Stingray Boats v Denmeade [2004] FCA 1256
SPENDER J
19 Oct 2001: Graham Bailey Pty Limited v The Owners of MV Beadon 2001 FCA 1537
Mansfield J
15 Sep 2004: Stingray Boats v Denmeade [2004] FCA 1222
SPENDER J
ADMIRALTY AND MARITIME JURISDICTION - ordinary rules as to priorities - agreement as to order of priority and quantum of payments.
11 Jun 2004: Tisand Pty Ltd v MV Cape Moreton [2004] FCA 752
ALLSOP J
ADMIRALTY AND MARITIME - ADMIRALTY PRACTICE AND PROCEDURE - release of ship under Admiralty Rules rule 52 - costs - use of p & i club undertaking conditional on arresting party satisfying the criteria within ss 17, 18 or 19 of the Admiralty Act 1988 (Cth) in due course.
23 Aug 1994: Ssangyoung Australia Pty Ltd v Spliethoffs Bevrachtingskantoor B.V. & Ors [1994] FCA 610
Lindgren J
18 Mar 1993: Comalco Aluminium Ltd & Ors. v. Mogal Freight Services P/L & Ors. [1993] FCA 180
Sheppard J. (113 ALR 677)
TRADE PRACTICES - consumer protection - representations as to competence and skill - representations as to exercising reasonable care - whether representations as to future conduct - whether misleading or deceptive conduct - whether reliance placed upon representations. TRADE PRACTICES - consumer protection - implied statutory warranties - transportation of goods - packing services rendered as part of contract to transport goods from Sydney to Auckland - whether packing…
6 Aug 1992: Port of Geelong Authority v The Ship Bass Reefer [1992] FCA 554
Foster J. (37 FCR 374; 109 ALR 505)
SHIPPING AND NAVIGATION - Admiralty Jurisdiction, Law and Practice - Admiralty Act 1988 (Cth) - ship arrested pursuant to writ in rem - whether claim for rent owing under a lease agreement relating to land used for handling cargo for the ship a maritime claim under the Act - whether licence fees under a licence agreement for priority berthing of the ship a maritime claim under the Act - which party bears onus to establish that there is a strong argument for the opinion that…
30 Mar 2004: McConaghy Pty Ltd v The Yacht "Ragamuffin" [2004] FCA 433
ALLSOP J
10 May 2004: Alstom Power v Polar Circle A.S. [2004] FCA 607
ALLSOP J
ADMIRALTY AND MARITIME - practice and procedure - service ex juris
19 Mar 2002: Banwell v Ship 'The Sydney Sunset' [2002] FCA 271
Tamberlin J
PRACTICE AND PROCEDURE - whether order was interlocutory - whether Registrar erred in proceeding to taxation - whether taxation of a bill of costs should be set aside - whether order for costs should be amended - whether solicitor acting for one or two parties
14 Nov 2002: Watson v Speed Boat "Sneaky Bits" [2002] FCA 1437
BEAUMONT J
ADMIRALTY - application for arrest of ship under Admiralty Act 1988 (Cth) - where ship arrested pursuant to Federal Court warrant - application for transfer of proceedings to Supreme Court of Queensland where order of that court in relation to sale of vessel already in operation.
5 Sep 1997: Morlines Maritime Agency Ltd v Skulptor Vuchetich [1997] FCA 1003
Tamberlin J
21 Nov 2003: Bajpayee & Ors v The Ship "Estancia" [2003] FCA 1640
LEE J
ADMIRALTY AND MARITIME - application of proceeds of sale of arrested vessel - lien for unpaid wages - whether a component of wages may be given priority over other part thereof - whether just and equitable to provide priority for payment of ordinary wages over payment of provident fund contributions
4 Sep 1995: Marinis Ship Suppliers Pty Ltd v The Ship "Ionian Mariner" [1995] FCA 711
Ryan J (59 FCR 245)
SHIPPING & NAVIGATION - ADMIRALTY JURISDICTION - LAW & PRACTICE - ships - action in rem - application for an order of valuation and sale of ship pendente lite - claim for payment for goods, materials or services supplied to the ship - evidence in deterioration of ship - whether order for valuation and sale of ship should be made where owner defends the action and has not abandoned the ship - substantial port charges and associated expenses being incurred by Marshal during…
12 May 2000: Kalymnian Shipping Pte Ltd v Rose [2000] FCA 614
Finn J (61 ALD 668)
APPLICATION FOR AN EXTENSION OF TIME - application for an order of review made outside time period prescribed by the Administrative Decisions (Judicial Review) Act 1977 (Cth) - whether time for making such application should be extended. ADMINISTRATIVE LAW - validity of an Australian Certificate for the Carriage of Livestock ("ACCL") - express power to modify provisions of Marine Orders Part 43 - provision for an ACCL to be valid for a period of 5 years subject to annual…
13 Sep 2002: Kent v SS "Maria Luisa" [2002] FCA 1207
Beaumont J
ADMIRALTY - jurisdiction - application to set aside principal proceedings for want of jurisdiction - vessel "Maria Luisa" arrested as surrogate for "Monika" and "Boston Bay" - whether "owner" in s19(b) of Admiralty Act 1988 includes demise charterer.
30 May 2003: Fortis Bank (Nederland) N.V v "MSC Sumatra" [2003] FCA 524
LEE J
ADMIRALTY - arrest of ship on time charter - whether property in bunkers retained by charterer - whether property in reefer spare parts retained by charterer - whether bunkers and provisions consumed subsequent to arrest are an expense of the Marshal
29 Aug 1997: Morlines Maritime Agency Ltd v Skulptor Vuchetich [1997] FCA 858
Tamberlin J
ADMIRALTY - sale of vessel pursuant to order for appraisement and sale - claims in rem against the fund representing the proceeds of sale - previously determined that a claim for agency commission was not an in rem claim - whether failure by plaintiff ("Morlines") to properly credit moneys received against in rem claims - where Morlines received payments in return for the release from arrest of surrogate vessels and from the proceeds of sale of surrogate vessels - whether…
13 Jun 2003: El Greco (Australia) Pty Ltd v Mediterranean Shipping Company SA [2003] FCA 588
KIEFEL J
SHIPPING - Carrier's liability - whether the carrier is responsible for loss and damage to cargo - whether the damage to the goods occurred at sea - the applicant's right to sue for the loss and damage - the method for assessing loss and damage to cargo - whether the sea-carriage document contains an enumeration of all items of the cargo as a 'unit' - whether the relevant 'package or unit' is the container itself
18 Sep 1998: Readhead, Phillip & Ors v Admiralty Marshall, Western Australia District Registry & Ors [1998] FCA 1173
Ryan J (157 ALR 660)
ADMIRALTY - whether a sale by the Marshal pursuant to an order of a Court of Admiralty made within jurisdiction in an action in rem confers title free of all defects including statutory rights of detention - rights of detention and possible detention under Fisheries Management Act 1991 - whether power of Court of Admiralty to order sale thereby suspended or deferred - effect of order in action in rem - distinction between power to detain a ship in relation to a civil claim…
5 Oct 2022: Poralu Marine Australia Pty Ltd v MV Dijksgracht (Costs) [2022] FCA 1184
STEWART J
COSTS - separate questions - whether there is any reason to depart from the usual rule that costs follow the event
4 Sep 2023: Delta Corp Ship Management DMCCO v The Ship "Caledonian Sky" [2023] FCA 1058
STEWART J
ADMIRALTY - application by plaintiff to Registrar for release of vessel under arrest - caveats against release previously filed - whether vessel should be released from arrest - role of caveats against release - whether release should be delayed to protect interest of caveator - release of vessel ordered
18 Feb 2021: Royal Caribbean Cruises Ltd v Reed (No 2) [2021] FCA 114
STEWART J
PRACTICE AND PROCEDURE - application for substituted service pursuant to r 10.49 of the Federal Court Rules 2011 (Cth) - where service not successful on a person in a foreign country - where reasonable attempts have been made to effect personal service - where no reasonable explanation why respondents' foreign lawyers not authorised to accept service - leave granted to serve documents on respondents' foreign lawyers by email
10 May 2022: Viva Energy Australia Pty Ltd v MT "AG Neptune" (No 2) [2022] FCA 533
STEWART J
ADMIRALTY - application to amend orders permitting a vessel to sail from Newcastle to Gladstone whilst under arrest - where vessel unable to safely reach Gladstone whilst remaining within the territorial sea - whether Marshal will retain custody of the vessel - where owners undertake that no point about the validity of the arrest will be taken - orders amended
27 Feb 2023: Dan-Bunkering (Singapore) Pte Ltd v The Ship Yangtze Fortune (No 2) [2023] FCA 148
STEWART J
ADMIRALTY - where orders made for judicial sale of a ship pendente lite by closed tender process - where Admiralty Marshal accepted tender of highest bidder - where highest bidder defaulted on contractual obligations - directions sought as to termination of contract and acceptance of second-highest bid
5 Apr 2023: Herd v Haines [2023] FCA 325
SARAH C DERRINGTON J
PRACTICE AND PROCEDURE - foreign judgments - registration of part New Zealand judgment under Trans-Tasman Proceedings Act 2010 (Cth) - where party now seeks to register omitted judgment debt - power of the court to permit registration of further amount - whether party estopped from seeking to register
4 Aug 2023: GeelongPort Pty Limited v The Ship "Voyager P" [2023] FCA 918
O'CALLAGHAN J
ADMIRALTY - application for judicial sale of ship pendente lite - application for order to move ship under arrest - ship abandoned - orders made
20 Aug 1997: United States Trust Co of New York v Master & Crew of the Ship "Ionian Mariner" Kharitonov, Andrey & Ors v United States Trust Co of New York [1997] FCA 909
Black CJ, Lockhart & Burchett JJ (149 ALR 200; 77 FCR 563)
SHIPPING & NAVIGATION / ADMIRALTY JURISDICTION - claim by master and crew under the Admiralty Act 1988 (the Act) asserting maritime lien for unpaid wages - whether lien for wages arose by reason of agreement between shipowner and maritime unions to which the master and crew were not parties - whether promise made by the shipowner to the unions was the subject of a trust in favour of the crew - whether crew had a right to proceed in rem under s 17 of the Act notwithstanding…
10 Oct 2019: Pluto Shipowning Inc v Able Glory Maritime Co Ltd [2019] FCA 1836
RARES J
29 Aug 2019: Yacht Club Sopot SP. Z.O.O. v The Yacht "Monster Project" (No. 2) [2019] FCA 1425
STEWART J
ADMIRALTY - arrest of ship - where defendant seeks to submit to orders of the Court - application to dispense with compliance with timing requirement under r 12.01 of the Federal Court Rules 2011 (Cth) - application granted
16 Jul 2021: DBCT Management Pty Ltd v McConnell Dowell Constructors (Aust) Pty Ltd and Geosea Australia Pty Ltd Joint Venture (No 2) [2021] FCA 810
ABRAHAM J
COSTS - reasonable costs of compliance with subpoena under r 24.22 of Federal Court Rules - where claim for legal professional privilege upheld - indemnity costs - no departure from ordinary rule - costs awarded on party and party basis
20 Dec 2022: Dan-Bunkering (Singapore) Pte Ltd v The Ship Yangtze Fortune [2022] FCA 1556
STEWART J
ADMIRALTY - application for judicial sale of ship pendente lite - relevant considerations - where crew members have been on board at anchorage for three months with wages unpaid for at least six weeks - where owner not provisioning ship - where shipowner has not defended the proceeding or opposed the sale - where ship appears to be abandoned - where condition of ship deteriorating - where a number of proceedings have been commenced against the ship and caveats against…
4 Jun 2021: Royal Caribbean Cruises Ltd v Reed (No 4) [2021] FCA 614
STEWART J
PRACTICE AND PROCEDURE - leave to discontinue application for anti-suit injunction on eve of final hearing - whether injustice to respondents - conditions to discontinuance - whether respondents should have leave to file cross-claim seeking negative declarations - relationship to foreign proceeding - utility
5 Jul 2019: Yacht Club Sopot SP. Z.O.O. v The Yacht "Monster Project" [2019] FCA 1083
RARES ACJ
ADMIRALTY - arrest of ship - order for sale of ship - where defendant seeks to stay order for sale of ship after Marshal applies to sell at highest bid to allow it to investigate claim of negligence against Marshal - where defendant has not put up security to have ship released from arrest - where delay by defendant - whether in the interests of justice to stay sale
7 May 2021: CSBP Limited v BBC Chartering Carriers GmbH & Co KG [2021] FCA 554
RARES J
29 May 2020: Yacht Club Sopot SP. Z O.O. v The Ship "Monster Project" (No 3) [2020] FCA 847
RARES J
22 Apr 2021: ANL Singapore Pte Ltd v Visy Paper Pty Ltd [2021] FCA 439
RARES J
PRACTICE AND PROCEDURE - application for service out of the jurisdiction under r 10.43 of the Federal Court Rules - whether prima facie case for relief against defendants to be served in the Marshall Islands and Hong Kong - service in accordance with the laws of the Marshall Islands or Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters - Held: leave granted to serve out of jurisdiction
13 Oct 2020: Bhagwan Marine Pty Ltd v The Ship "Teras Bandicoot" (No 2) [2020] FCA 1481
MCKERRACHER J
ADMIRALTY - judicial sale of ship - application for valuation and sale of arrested ship pendente lite - where application is unopposed - where owner of ship does not intend to file a defence - where ship is not crewed and in dead-ship status Held: Application granted
12 May 2023: Brontes Security LLC v "Lihir Chief" (formerly "Charlie B") (No 2) [2023] FCA 515
RARES J
PRACTICE AND PROCEDURE - application by non-party to restrain party's solicitors from acting and to set aside earlier orders releasing party from implied undertaking not to disclose information or documents produced under compulsion - where party making application did not produce documents subject of order releasing undertaking - where proceeding at an end - where no likely utility in restraining solicitors - Held: application dismissed.
17 Jun 2009: BHPB FREIGHT PTY LTD v COSCO OCEANIA CHARTERING PTY LTD [2009] FCA 1607
Finkelstein J
13 Oct 2020: Bhagwan Marine Pty Ltd v The Ship "Lauren Hansen" (No 2) [2020] FCA 1482
MCKERRACHER J
ADMIRALTY - judicial sale of ship - application for valuation and sale of arrested ship pendente lite - where application is unopposed - where owner of ship does not intend to file a defence - where ship is not crewed and in dead-ship status Held: Application granted
14 Jul 2020: Condor Fresh Pty Limited v Pacific International Lines (Pte) Ltd [2020] FCA 993
SARAH C DERRINGTON J
PRACTICE AND PROCEDURE - service out of the jurisdiction - application to serve originating application and concise statement in Singapore - whether requirements for service out of the jurisdiction
21 Apr 2023: Brontes Security LLC v "Lihir Chief" (formerly "Charlie B") [2023] FCA 388
RARES J
PRACTICE AND PROCEDURE - application by party for release from implied undertaking not to disclose or use documents or information obtained under compulsion in court proceeding, without the leave of the court, for use for any purpose other than that for which documents or information were given - where proceeding settled - where party later seeks to use documents and information for purpose of commencing new litigation overseas against third parties - whether necessary for…
5 May 1993: Visscher v Associated Steamships Pty Ltd [1993] FCA 1074
Cooper J
7 Jun 1993: Sea Containers Ltd v Owners of Vessel "Seacat 031" [1993] FCA 1080
Lockhart J
9 Jan 1992: Alexander Watt & Co Pty Ltd v The Ship Oceania Trader and Its Charterers Oceania Shipping Corporation Ltd [1992] FCA 8
Drummond J.
28 Jun 1991: Thomas, H.C. v the ship "Xiphias Hunter" & Ors [1991] FCA 365
Davies J
21 Aug 1990: Credit Suisse v. The Owners of the Ship Satouf 1 [1990] FCA 445
French J.
6 Nov 1989: Allonah Pty Ltd v The ship Amanda N & Ors [1989] FCA 681
Sheppard J. (90 ALR 391; 21 FCR 60)
5 Jun 1992: Alstergren, I.M. v The Owners of the ship Territory Pearl [1992] FCA 367
Heerey J. (112 ALR 133; 36 FCR 186)
11 Apr 1991: Murphy, S.J. v. A. Raptis & Sons [1991] FCA 197
French J.
2 May 1991: Bakri Navigation Company Ltd v. Ship Golden Glory, Glorious Shipping S.A. (Owners of) [1991] FCA 242
Gummow J.
9 May 1991: The Owners, Charterer, Master & Crew of the Ship Margaret Phillipa v. The Ship, M.V. Santo Rocco Di Bagnara [1991] FCA 250
Ryan J. (101 ALR 491)
5 Jun 1991: Bakri Navigation Company Ltd v. Ship Golden Glory Glorious Shipping S.A. [1991] FCA 306
Gummow J.
6 Aug 1991: Sunshine Fisheries v Lambert-Bain Pty Ltd & Anor [1991] FCA 498
Davies, Spender & Lee JJ. ((1991) 6 ANZ Insurance Cases 61-069)
5 Oct 1990: Hodson, C.J. & Ors v. The Owners of the Ship Super Sport [1990] FCA 570
Spender J. (26 FCR 157)
2 Nov 1990: Wills Shipping Pty Ltd v. The Ship Oceania Trader & Its Charters Oceania Shipping Corporation Limited [1990] FCA 685
Spender J.
11 Mar 1992: Victrawl Pty Ltd v OTC Ltd & Ors [1992] FCA 322
Sheppard J.
30 Jun 1986: Re TNT Alltrans Grounding (Court of Marine Enquiry) [1986] FCA 102
Sheppard J. ((1986) 83 FLR 416 67 ALR 107)
20 Aug 2020: Bhagwan Marine Pty Ltd v The Ship "Teras Bandicoot" [2020] FCA 1224
MCKERRACHER J
ADMIRALTY - arrest of ship - application for alternative service of arrest warrant and writ by electronic means - where vessel is in a dead-ship status and is not crewed - where service in accordance with r 30 of the Admiralty Rules 1988 (Cth) would not bring the arrest to the attention of any party - circumstances in which the discretion under r 6A of the Rules should be exercised - whether the provisions of the Practice Guideline Special Measures in Response to COVID-19…
22 Jul 1994: George Fethers & Company Trading P/L & Anor v. Yangming Marine Transport Corporation [1994] FCA 468
Sheppard J.
SHIPPING AND NAVIGATION - damage to cargo of sheet glass consigned from Hong Kong to Sydney and Adelaide - glass packed in eight containers - four containers damaged, four undamaged - whether glass properly and sufficiently packed - whether in good order and condition when delivered to defendants agent in Hong Kong - whether damage caused by perils of the sea - whether vessel seaworthy in sense of being fit and safe for carriage of cargo - whether GM (metacentric height) of…
28 May 1992: Survival & Industrial Equipment (Newcastle) Pty Ltd (Trading as S.I.E. Liferaft Servicing) v The owners of the vessel Alley Cat [1992] FCA 319
Sheppard J. (36 FCR 129)
19 Sep 1991: BHP Trading Asia Ltd & Ors v. Oceaname Shipping Ltd & Anor [1991] FCA 568
Morling J.
28 Oct 1991: Empire Shipping Company Inc. v. The owners of the ship Shin Kobe Maru [1991] FCA 641
Gummow J. (104 ALR 489; 32 FCR 78)
29 Sep 1993: The Sanko Steamship Co. Ltd & Anor v. Sumitomo Australia Ltd [1993] FCA 678
Lockhart, Gummow & Cooper JJ.
SHIPPING AND NAVIGATION - limitation of liability - whether Limitation of Liability for Maritime Claims Act 1989 may be invoked in respect of occurrence before commencement of the Act. PUBLIC INTERNATIONAL LAW - Convention on Limitation of Liability for Maritime Claims, 1976 - effect of legislative declaration that provisions of Convention have he force of law in Australia - relevance to interpretation of Australian statute of Vienna Convention on the Law of Treaties, 1969.
2 May 2022: Owners of Cargo laden on board the MV "APL England" v CMB Ocean 13 Leasing Company Pte Ltd [2022] FCA 565
STEWART J
REPRESENTATIVE PROCEEDINGS - application for approval of class action settlement - where settlement agreement made between subrogated insurers and respondents - where insurers have indemnified group members in respect of the claims sought to be settled - where group members largely unaffected by settlement - where settlement amount constitutes more than 80% of the total claim amount - where settlement amount is to be distributed to the insurers pro-rata in respect of each…
20 Aug 2020: Bhagwan Marine Pty Ltd v The Ship "Lauren Hansen" [2020] FCA 1225
MCKERRACHER J
ADMIRALTY - arrest of ship - application for alternative service of arrest warrant and writ by electronic means - where vessel is in a dead-ship status and is not crewed - where service in accordance with r 30 of the Admiralty Rules 1988 (Cth) would not bring the arrest to the attention of any party - circumstances in which the discretion under r 6A of the Rules should be exercised - whether the provisions of the Practice Guideline Special Measures in Response to COVID-19…
15 Apr 1977: The circumstances of the fire on the motor tanker Cellana official no. 317787 when berthed at No. 2 wharf, Gore Cove, N.S.W. 29th June 1976 Court of Marine Enquiry judgment [1977] FCA 15
Evatt J
1 Dec 1983: Gray, William John v Marine Council (Department of Transport & Construction) [1983] FCA 362
Fisher J ((1983) 5 ALN 347)
ADMINISTRATIVE LAW - judicial review - rules of natural justice - no opportunity for applicant to submit relevant facts to decision maker - suitability of applicant for employment - relevance of applicants conduct whilst on leave
29 Sep 1993: Victrawl P/L v. A.O.T.C. Limited & Ors [1993] FCA 677
Lockhart, Gummow & Cooper JJ. (117 ALR 347)
SHIPPING AND NAVIGATION - limitation of liability - whether limitation of liability provisions of the Limitation of Liability for Maritime Claims Act 1989 may be invoked after the commencement of that Act in respect of a prior occurrence. PUBLIC INTERNATIONAL LAW - Convention on Limitation of Liability for Maritime Claims, 1976 - effect of legislative declaration that provisions of Convention have he force of law in Australia - relevance to interpretation of Australian…
23 Sep 1992: The Owners of the Ship Shin Kobe Maru v Empire Shipping Company Inc. [1992] FCA 698
Davies, Lockhart & French JJ (110 ALR 463; 38 FCR 227)
CONSTITUTIONAL LAW - Admiralty and maritime jurisdiction - scope of power of the Parliament to make laws conferring original jurisdiction on the High Court in matters of Admiralty and Maritime jurisdiction under the Constitution s. 76(iii) - interpretation of s. 76(iii). SHIPPING AND NAVIGATION - Action in rem - when proprietary maritime claim will elate to possession or title to or ownership in a ship - claim between co-owners - sufficiency of equitable interest to found a…
6 Dec 1993: Kawasaki Steel Corporation & Ors v. The Owners & Others Interested in the Ship Daeyang Honey & Ors [1993] FCA 888
Gummow J. (120 ALR 109)
PRACTICE AND PROCEDURE - stay of proceedings - forum non conveniens - test to be applied - whether selected forum clearly inappropriate - proceedings on foot in another country seeking a negative declaration. ADMIRALTY - writs in rem - whether an action in rem may be commenced by one writ against both the primary ship and a surrogate ship. INJUNCTIONS - distinction between injunction to stay foreign proceeding and stay of local proceeding as brought in clearly inappropriate…
23 Oct 1992: Strang Patrick Stevedoring P/L v The Owners of the Motor Vessel Sletter (formerly the Hibiscus Trader) [1992] FCA 852
Cooper J (38 FCR 501)
ADMIRALTY - time charter - contractual arrangements - provision of stevedoring services - default under the charter party - labour ordered. UNJUST ENRICHMENT - whether received benefit - whether unjustly enriched by the attendance of the labour gangs - special conditions in the charterparty - effect of clauses - duties and obligations imposed - power to appoint agents - whether total failure of consideration. TRADE PRACTICES - representations - whether misleading or…
13 Aug 2021: Ozmen Entertainment Group Pty Ltd v Neptune Hospitality Pty Ltd (No 7) [2021] FCA 985
RARES J
PRACTICE AND PROCEDURE - whether entered order should be varied under r 39.05(e) Federal Court Rules 2011 because it did not reflect the intention of the Court
31 Mar 1993: Hunter Grain P/L v Hyundai Merchant Marine Co. Ltd & Anor. [1993] FCA 276
Sheppard J. (117 ALR 507)
SHIPPING AND NAVIGATION - carriage of goods by sea - cargo of soyabean meal shipped from Portland, Oregon to Brisbane - vessel subject to time charter by first defendant and voyage charter by seller of cargo - bill of lading indorsed to plaintiff as purchaser - whether time charterer carrier under bill of lading - cargo contaminated by soda ash - soda ash left in loading equipment not properly cleaned by stevedore - soyabean meal contaminated with soda ash on start up of…
3 Aug 2001: Banwell v Ship The Sydney Sunset [2001] FCA 1039
Tamberlin J
28 Nov 2017: Advanced Energy Resources Pty Ltd v Bremer Lloyd Marine Logistics GmbH & Co KG [2017] FCA 1487
SIOPIS J
PRACTICE AND PROCEDURE - application for service of court process out of the jurisdiction - claim for damage to goods whilst on a voyage from Germany to Australia - service upon a corporate entity in Germany under the Convention between the United Kingdom and Germany regarding Legal Proceedings in Civil and Commercial Matters.
4 May 2023: Sealanes (1985) Pty Ltd v Vessel MY "Island Escape" [2023] FCA 414
FEUTRILL J
ADMIRALTY - in rem proceedings against defendant ship - general maritime claim - supply of goods or materials to the ship for its operation or maintenance - demise charterer - no appearance entered - no participation in proceedings - summary judgment - default judgment - principles applicable where summary judgment and default judgment both available -
18 Nov 2021: Tregidga v Pasma Holdings Pty Limited (No 2) [2021] FCA 1439
REEVES J
COSTS - application by respondent for costs on an indemnity basis - where the applicants refused a Calderbank offer - application granted, indemnity costs ordered
17 Jan 2006: AWB (Australia) Limited v The Ship MV "Chang Fu Star" [2006] FCA 10
ALLSOP J
3 Jun 2021: Orient Overseas Container Line Ltd v APL Co Pte Ltd (No 2) [2021] FCA 606
STEWART J
ARBITRATION - application for stay of proceeding subject to conditions under s 7(2) of the International Arbitration Act 1974 (Cth) - stay and certain conditions by consent, other conditions contested - scope of the power to order conditions - whether proposed conditions intrude on the arbitration - whether power to order injunction as a condition to a stay ADMIRALTY - stay of slot-charterer's claim against vessel interests for indemnity for any liability to cargo interests…
13 May 2022: Maersk A/S v Patti [2022] FCA 663
RARES J
PRACTICE AND PROCEDURE - application to strike out defence - whether respondent entitled to invoke privilege against self-incrimination or self-exposure to a penalty to avoid pleading to statement of claim - where statement of claim makes no direct allegations of criminality or conduct that may sound in a civil penalty - where privileges important common law rights - where many allegations could not possibly tend to prove criminality or liability for a civil penalty - Held:…
16 May 2003: Tomen Australia Ltd v CV Scheepvaartonderneming Edisongracht [2003] FCA 479
MOORE J
8 Dec 2008: Thor Shipping A/S v The Ship “Al Duhail” (No 2) [2008] FCA 2007
Dowsett J
14 Feb 2020: Ozmen Entertainment Group Pty Ltd v Neptune Hospitality Pty Ltd (No 6) [2020] FCA 288
RARES J
