Admiralty & Maritime Federal Court Judgments
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…
8 Sep 2023: Poralu Marine Australia Pty Ltd v MV Dijksgracht [2023] FCAFC 147
Rares, Sarah C Derrington and Feutrill JJ (413 ALR 47 ; 300 FCR 290)
CONTRACTS - contract of carriage of goods by sea - formation - whether contract was concluded by way of fixture recap email - construction of recap emails - where recap provided that terms were otherwise as per carrier's standard form booking note and bill of lading including rider clauses but with English law and London arbitration - whether parties intended further terms to be agreed - whether contract was concluded by later return of completed booking note - where sea…
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
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
26 May 2023: Bank of New Zealand (Security Trustee) v The vessel MY "Island Escape" (No 3) [2023] FCA 541
Feutrill J
ADMIRALTY - action in rem under s 16 of the Admiralty Act 1988 (Cth) - claim relating to mortgage of a ship and interest in respect of it under ss 4(2)(a)(iii) and (d) of the Act - no appearance filed by chip or relevant persons - application for summary judgment - ex parte hearing - choice of law - no reasonable possibility of defence to claim - application for determination of priorities - notice to potential claimants - Form 28 of the Admiralty Rules 1988 (Cth)
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.
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 -
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 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
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
20 Feb 2023: Ixom Operations Pty Ltd v Blue One Shipping SA [2023] FCAFC 25
Rares, Sarah C Derrington and Stewart JJ (408 ALR 508 ; 296 FCR 1)
ESTOPPEL - where extension of time limitation to sue on contract evidenced by bill of lading granted by "owners" of vessel - where "owners" can refer to registered owners or demise charterers (ie, disponent owners) - where the proper defendant was the demise charterer - where primary judge found that both the registered owner and demise charterer granted an extension of time - where proceeding below commenced in time only against the registered owner - whether, by granting…
10 Feb 2023: Bank of New Zealand (Security Trustee) v The vessel MY "Island Escape" (No 2) [2023] FCA 101
Feutrill J
ADMIRALTY - judicial sale of ship - method of sale - closed bid tender process - highest bid below valuation - whether the Court should order sale of ship to the highest bidder - Admiralty Marshal's duties and functions - duty of impartiality - duty to obtain highest price - duty to conduct a fair sale process - whether the Court should direct Admiralty Marshal to depart from closed bid tender process - stay of proceedings
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…
17 Oct 2022: Bank of New Zealand (Security Trustee) v The vessel MY "Island Escape" [2022] FCA 1230
Feutrill J
ADMIRALTY -application for judicial sale of ship pendente lite without valuation - luxury cruise vessel - no appearance entered by defendant - appearances filed by caveators against release - 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
12 Oct 2022: Carmichael Rail Network Pty Ltd v BBC Chartering Carriers GmbH & Co. KG (The BBC Nile) [2022] FCAFC 171
Rares, Sarah C Derrington and Stewart JJ (406 ALR 431 ; 295 FCR 81)
SHIPPING AND NAVIGATION - stay of action - anti-suit injunction - where arbitration commenced in London - whether foreign choice of law and jurisdiction clauses in respect of inter-State carriage invalid by s 10(1)(b)(ii) of Carriage of Goods by Sea Act 1991 (Cth) (COGSA) - whether carrier's liability lessened contrary to Art 3(8) of Sch 1A to COGSA (Australian Rules) - whether stay ought be granted on undertaking by carrier that Australian Rules, as applied under Australian …
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
21 Sep 2022: Yamba Shipping Pty Ltd v Australian Maritime Safety Authority [2022] FCA 1124
Sarah C Derrington J
ADMINISTRATIVE LAW - Judicial review - procedural fairness - review of decision of National Regulator to refuse to grant exemption to operate under Marine Safety (Temporary operations) Exemption 2020 - whether matters considered by decision-maker needed to be drawn to applicant's attention - whether issues arising "obvious or natural" - whether any practical injustice ADMINISTRATIVE LAW - Judicial review - procedural fairness - review of decision of National Regulator to…
19 Sep 2022: Ixom Operations Pty Ltd v Blue One Shipping SA [2022] FCA 1101
Burley J
ADMIRALTY - demise charter - where owner not a party to contract of carriage evidenced by bill of lading - where extensions to limitation period on bringing a claim over contaminated cargo given to the consignee of the cargo by lawyers acting for both owner and demise charterer of vessel - where consignee only brought proceedings initially against owner - where demise charterer sought to rely on limitation period - meaning of 'owner' - extension found to be granted on behalf …
6 Sep 2022: Poralu Marine Australia Pty Ltd v MV Dijksgracht [2022] FCA 1038
Stewart J
SHIPPING AND NAVIGATION - where cargo allegedly damaged - limitation of liability - applicable scheme - where Arts 1-8 of the Hague Rules incorporated into booking note contract - where Art 9 of the Hague Rules not incorporated - where booking note contract provided that carrier's liability shall not exceed f100 per package - where booking note contract is governed by Dutch law - where cargo was loaded on board in Ireland - whether more generous limitation under Hague-Visby…
5 Sep 2022: Ozmen Entertainment Pty Ltd v Neptune Hospitality Pty Ltd (No 8) [2022] FCA 1091
Rares J
HIGH COURT AND FEDERAL COURT - whether referee's report made under s 54A of the Federal Court of Australia Act 1976 (Cth) should be adopted - whether open to both parties to argue afresh factual issues determined by referee - whether error of principle, absence or excess of jurisdiction or patent misapprehension of the evidence demonstrated to justify rejection or variation of referee's report
3 Jun 2022: Minister for the Environment v Northern Seafoods Pty Ltd [2022] FCA 656
Stewart J
ENVIRONMENT LAW - application for declaration as to contravening conduct and pecuniary penalties - where respondent conducted commercial demersal trawl fishing in Multiple Use Zone of Commonwealth Marine Park where such activity is prohibited under s 354(1)(f) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) - multiple contraventions - course of conduct -contravening conducted admitted - whether proposed agreed penalty is appropriate - consideration …
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:…
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
8 May 2022: Viva Energy Australia Pty Ltd v MT "AG Neptune" [2022] FCA 522
Stewart J
ADMIRALTY - urgent application for orders in respect of a vessel under arrest off Newcastle - where vessel low on gasoil and fuel oil - where, once fuel is depleted, vessel would become a dead ship and thereafter a severe safety hazard - where vessel unlikely to abscond the jurisdiction - orders made permitting ship to sail to Gladstone whilst under arrest to stem bunkers
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…
26 Apr 2022: Neptune Hospitality Pty Ltd v Ozmen Entertainment Pty Ltd (No 2) [2022] FCA 427
Markovic J
PRACTICE AND PROCEDURE - application to set aside orders made by consent - where parties agreed to settle a dispute in relation to their costs of an appeal - whether a solicitor's clerical error, or 'slip', resulted in the accidental omission of certain language in the consent orders which made a material term ambiguous - where consent orders were not entered into under a mistake or misapprehension about a term - where the consent orders reflected the agreement that was…
9 Mar 2022: Wyzenbeek v Australasian Marine Imports Pty Ltd (No 4) [2022] FCA 201
Derrington J
CONTRACTS - application to enforce alleged compromise of action - where solicitors exchanged correspondence about dismissal of redundant cross-claim pending determination of appeal from dismissal of claim - where solicitor for cross-respondent proposed terms for final resolution of cross-claim including that dismissal of cross-claim not be disturbed if appeal upheld - whether assent to proposed orders constituted acceptance of offer - whether parties intended to be…
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
10 Sep 2021: Karpik v Carnival plc (The Ruby Princess) (Stay Application) [2021] FCA 1082
Stewart J (157 ACSR 1)
PRIVATE INTERNATIONAL LAW - application for stay of sub-group members' claims in representative proceeding alleging contraventions of Australian Consumer Law (ACL) ss 18, 29, 60 and 61 - where exclusive jurisdiction clause requires claims to be brought in the US District Courts for the Central District of California in Los Angeles - whether there are "strong reasons" to refuse the grant of stay - where proceedings commenced as a representative proceeding under Pt IVA of the…
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
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
28 Jun 2021: Tregidga v Pasma Holdings Pty Limited [2021] FCA 721
Reeves J
ADMIRALTY - where applicants made claim for damages against maritime electrical contractor arising from fire on board vessel - whether there was a breach of contract or breach of statutory guarantee or negligence with regard to the fire - whether respondent was liable for damage caused to vessel - whether applicants were owners of the vessel at the time of fire - whether applicants were parties to contracts relating to the electrical works conducted on the vessel - whether…
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
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…
7 May 2021: CSBP Limited v BBC Chartering Carriers GmbH & Co KG [2021] FCA 554
Rares J
5 May 2021: TWW Yachts Sarl v The Yacht "Loretta" (No 3) [2021] FCA 498
Rares J
PRACTICE AND PROCEDURE - application for joinder of non-party whose cooperation might be required to enforce judgment pursuant to r 9.05(1)(b)(i) Federal Court Rules 2011 - where non-party beneficial owner and in control of seller of yacht located in Hong Kong the subject of orders for specific performance of sale and final judgment entered in favour of buyer
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
16 Mar 2021: Malayan Banking Berhad v Proceeds of the Sale of The Ship "Lauren Hansen" [2021] FCA 286
McKerracher J
ADMIRALTY - application for default or summary judgment against the proceeds of sale - where orders for the judicial sale of the vessel already made in related proceedings - where the Court holds the proceeds of sale pending determination of priorities - whether but for the judicial sale of the vessel, the plaintiff could have commenced an action in rem - whether the plaintiff's claim for repayment and interest under a ship's mortgage is a proprietary maritime claim -…
16 Mar 2021: Malayan Banking Berhad v Proceeds of the Sale of The Ship "Teras Bandicoot" [2021] FCA 285
McKerracher J
ADMIRALTY - application for default or summary judgment against the proceeds of sale - where orders for the judicial sale of the vessel already made in related proceedings - where the Court holds the proceeds of sale pending determination of priorities - whether but for the judicial sale of the vessel, the plaintiff could have commenced an action in rem - whether the plaintiff's claim for repayment and interest under a ship's mortgage is a proprietary maritime claim -…
12 Mar 2021: Royal Caribbean Cruises Ltd v Reed (No 3) [2021] FCA 225
Stewart J
PRACTICE AND PROCEDURE - service abroad - application by respondents to set aside previous orders for substituted service pursuant to r 10.49 of the Federal Court Rules 2011 (Cth) and for declaration that service had not been effected - conditional application by applicants in response seeking orders pursuant to r 10.48 that deemed service has occurred - where applicants were previously granted leave to serve originating process in accordance with requirements for service…
5 Mar 2021: TWW Yachts Sarl v The Yacht "Loretta" (No 2) [2021] FCA 241
Rares J
CONTRACTS - where parties agreed that buyer would enter contract of carriage by sea with third party carrier to ship yacht at completion of contract to purchase - whether buyer entitled to reduction in price payable under order for specific performance of contract for purchase of yacht due to entry into contract for shipment of yacht from Brisbane as cargo at request of and rendered inutile by seller - where buyer not party to cargo contract but contacting entity known by…
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
11 Feb 2021: TWW Yachts Sarl v The Yacht "Loretta" (No 1) [2021] FCA 240
Rares J
CONTRACTS - whether written contract for sale and purchase of yacht varied by later oral meeting - whether oral agreement to vary written contract if buyer delivered signed version of agreed amendments, with evidence of new contract to ship yacht to Mediterranean and pay seller's direction AUD50,000 on account of anticipated costs, binding within first or second class of contract Masters v Cameron (1954) 91 CLR 353 at 360 - whether buyer performed contract as varied -…
1 Feb 2021: Royal Caribbean Cruises Ltd v Reed [2021] FCA 51
Stewart J
PRACTICE AND PROCEDURE - application to serve originating process on a person in a foreign country pursuant to r 10.43(2) of the Federal Court Rules 2011 (Cth) - whether the Court has jurisdiction by reason of the claim arising out of an agreement that relates to the carriage of persons by a ship within the meaning of s 4(3)(f) of the Admiralty Act 1988 (Cth) - whether the requirement that the proceeding is of a kind mentioned in r 10.42 is satisfied - whether a prima facie…
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
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
13 Oct 2020: Motor Yacht Sales Australia Pty Limited v Megisti Yacht Charters Limited (No 2) [2020] FCA 1459
Stewart J
PRACTICE AND PROCEDURE - non-party costs order - whether director of companies giving instructions to pursue litigation did so in own interests - whether non-party is connected with unsuccessful respondent companies - whether notwithstanding being respondents the companies were the moving parties - whether just and equitable to make non-party costs order SHIPPING AND NAVIGATION - whether person who lodges a caveat for a caveator can be liable to pay compensation under s 47E…
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…
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…
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
11 Jun 2020: Orient Overseas Container Line Ltd v ANL Singapore Pte Ltd [2020] FCA 921
Stewart J
ADMIRALTY - marine casualty - where plaintiff seeks inspection of material parts of the vessel - whether defendants must assist with inspection by identifying particular machinery and equipment PRACTICE AND PROCEDURE - whether inspection orders justified - whether defendants must assist with inspection PRACTICE AND PROCEDURE - discovery of specified documents sought before statement of claim is filed - whether discovery justified
29 May 2020: Yacht Club Sopot SP. Z O.O. v The Ship "Monster Project" (No 3) [2020] FCA 847
Rares J
19 Mar 2020: Neptune Hospitality Pty Ltd v Ozmen Entertainment Pty Ltd [2020] FCAFC 47
McKerracher, Markovic and Anastassiou JJ (375 ALR 489)
ADMIRALTY - demise charter - construction - whether demise charter validly terminated - where demise charter for the purpose of joint venture agreement - where joint venture agreement validly terminated CONTRACTS - express duties of good faith and cooperation - whether breach of these duties precluded a party from issuing a notice to remedy breach - whether party took advantage of its own breach - in circumstances where primary judge found no breach by party issuing the…
9 Mar 2020: Guardian Offshore AU Pty Ltd v Saab Seaeye Leopard 1702 Remotely Operated Vehicle Lately On Board The Ship 'Offshore Guardian' [2020] FCA 273
Colvin J
ADMIRALTY - application to dismiss proceedings for want of jurisdiction and for arrest to be set aside - where warrant issued for arrest of remote operated vehicle - whether arrested ROV is the ship named in arrest warrant - whether defendant was at all material times the true owner of arrested ROV - whether the ROV is a ship under definition in s 3 of Admiralty Act 1988 (Cth) - proceedings dismissed - arrest set aside
14 Feb 2020: Ozmen Entertainment Group Pty Ltd v Neptune Hospitality Pty Ltd (No 6) [2020] FCA 288
Rares J
22 Oct 2019: Neptune Hospitality Pty Ltd v Ozmen Entertainment Pty Ltd [2019] FCA 1734
Markovic J
PRACTICE AND PROCEDURE - application for security for costs - where appellant impecunious - whether impecuniosity caused by respondents - whether guarantee and personal undertaking of directors sufficient alternative to security - whether there was delay in bringing application - application allowed
10 Oct 2019: Pluto Shipowning Inc v Able Glory Maritime Co Ltd [2019] FCA 1836
Rares J
27 Sep 2019: Wyzenbeek v Australasian Marine Imports Pty Ltd (in Liq) [2019] FCAFC 167
Rares, Burley and Anastassiou JJ (373 ALR 79 ; 272 FCR 373)
CONSUMER LAW - misleading or deceptive conduct contrary to s 52 of the Trade Practices Act 1974 (Cth) - misleading representation that yacht would be suitable for ocean voyages - where yacht not constructed to be capable of ocean voyages DAMAGES - causation - assessment of loss and damage - construction of "loss or damage" under s 4K of Trade Practices Act - remedies under ss 82 and 87 of Trade Practices Act - rule in Potts v Miller (1940) 64 CLR 282 and approach in HTW…
4 Sep 2019: Motor Yacht Sales Australia Pty Limited v Megisti Yacht Charters Limited [2019] FCA 1454
Stewart J
ADMIRALTY - caveat under s 47A of the Shipping Registration Act 1981 (Cth) - respondents summoned under s 47B to show cause why the caveat should not be removed - onus on the caveator to justify the caveat - no serious question to be tried - balance of convenience favours removal of the caveat - declaration that the caveat should be removed and that it has no force
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
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
13 May 2019: Degroma Trading Inc v Viva Energy Australia Pty Ltd [2019] FCA 649
O'Callaghan J
ARBITRATION - application for stay of proceeding pending in court under s 7 of the International Arbitration Act 1974 (Cth) - principle of separability - whether an arbitration agreement came into existence - whether a requisite separate attack on the arbitration agreement present - where arbitration agreement alleged to be contained in an exchange of correspondence about the terms of a bill of lading - whether court or arbitrator should decide whether arbitration agreement…
9 May 2019: Ozmen Entertainment Pty Ltd v Neptune Hospitality Pty Ltd (No 5) [2019] FCA 904
Rares J
26 Mar 2019: Fair Work Ombudsman v Transpetrol TM AS [2019] FCA 400
Rares J
INDUSTRIAL LAW - where foreign employer of crew of vessel engaged in coastal trading admitted contraventions of ss 45 and 293 of Fair Work Act 2009 (Cth) by underpaying crew members under an award or the National Minimum Wage Order 2014 - where s 33(3) of Act and reg 1.15E of Fair Work Regulations 2009 (Cth) extended application of Act to vessel sailing in Australia's exclusive economic zone and waters above continental shelf under a temporary licence issued under Coastal…
6 Mar 2019: Tritton Resources Pty Ltd v Ever Rock Navigation S.A. [2019] FCA 276
Derrington J (369 ALR 205)
ADMIRALTY - bills of lading and carriage of goods by sea - actions for loss or injury in transit - who may bring action - rights as between successive holders of bills of lading - effect of transfer of bill of lading ADMIRALTY - whether prior holder of bill of lading retains right to bring an action in negligence against ship owner - whether action one for pure economic loss
14 Nov 2018: Korea Shipping Corporation v Lord Energy SA [2018] FCAFC 201
Allsop CJ, Besanko and McKerracher JJ (363 ALR 312 ; 267 FCR 660)
ADMIRALTY AND MARITIME - where debtor transferred to trustee title to the ship under trust for benefit of security holder - where ship registered in name of trustee held as security for debtor's performance of obligation to repay bank the value of bonds issued by debtor - whether debtor correctly determined to be beneficial owner of ship while she was held in trust for purposes of s 19(b) of Admiralty Act 1988 (Cth) - appeal allowed
7 Nov 2018: Lord Energy SA v The Ship "MV Dangjin" [2018] FCA 1717
Rares J
ADMIRALTY - where debtor as settlor transferred to trustee legal title to ship under trust for benefit of security holder - where ship registered in name of trustee hold as security for debtor's performance of obligation to repay bank the value of bonds issued by debtor - where term of bonds fixed but agreement referred to earlier possible repayment in full when trust would come to an end - whether debtor legally unable to regain legal title to ship by repaying bonds early…
29 Oct 2018: Saric v Commonwealth of Australia [2018] FCA 1620
Derrington J (266 FCR 469)
ADMIRALTY - forfeiture of vessel entering Australian migration zone - applicant's vessel entered Australia's migration zone carrying persons not having evidence of holding a relevant Australian visa - automatic forfeiture of vessel under Migration Act 1958 (Cth) - whether vessel was used in a contravention of a provision of the Migration Act 1958 (Cth) involving the bringing of persons to Australia who were unlawful non-citizens EVIDENCE - standard of proof - establishing in …
26 Oct 2018: Mount Isa Mines Ltd v The Ship "Thor Commander" (No 2) [2018] FCA 1702
Rares J
28 Sep 2018: Australian Maritime Safety Authority v Globex Shipping S.A. [2018] FCA 1477
Derrington J
PRACTICE AND PROCEDURE - service out of jurisdiction - application to serve interlocutory application outside of Australia - whether requirements for service out of the jurisdiction satisfied
13 Sep 2018: Ozmen Entertainment Pty Ltd v Neptune Hospitality Pty Ltd (No 3) [2018] FCA 1411
Burley J
ADMIRALTY - joint venture to operate hospitality business aboard vessel - agreement to charter and license vessel PRACTICE AND PROCEDURE - further interlocutory application for an order to appoint a receiver and manager to take control of a vessel and business operated on-board -balance of convenience - where the relationships between the parties have broken down - application granted PRACTICE AND PROCEDURE - interlocutory application for payment of profits made pursuant to…
29 Aug 2018: Mount Isa Mines Ltd v The Ship "Thor Commander" [2018] FCA 1326
Rares J ([2019] 1 Lloyd's Rep 167 ; 365 ALR 519 ; 263 FCR 1814)
SHIPPING AND NAVIGATION - where main engine breaks down during voyage - whether owners exercised due diligence between and at commencement of voyage under Art 3(1) of amended Hague Rules ADMIRALTY - carriage of goods by sea - whether charterparty or bill of lading is contract of carriage ADMIRALTY - charterparty - provision for substitution of vessel - whether substitution clause effects novation of charterparty with owners of substitute vessel EVIDENCE - where party…
16 Aug 2018: Zetta Jet Pte Ltd v The Ship "Dragon Pearl" (No 2) [2018] FCAFC 132
Allsop CJ, Moshinsky and Colvin JJ (129 ACSR 576 ; 265 FCR 290)
PRACTICE AND PROCEDURE - application for leave to appeal against decision summarily dismissing in rem claim against a vessel - where proceeding dismissed after plaintiffs informed the Court that they could not proceed with case - consideration of principles of res judicata - whether final judgment must be decided "on the merits" PRACTICE AND PROCEDURE - application for leave to appeal against decision refusing an injunction to prevent the removal or alienation of vessel -…
[ High Court of Australia: Feb 2019: HCA special leave application refused with costs]
31 Jul 2018: Zetta Jet Pte Ltd v The Ship "Dragon Pearl" (No 2) [2018] FCA 1130
Perram J
PRACTICE AND PROCEDURE - application for injunction preventing removal or alienation of yacht - whether plaintiffs have arguable case - whether plaintiffs have standing - where foreign trustee in bankruptcy not yet recognised in Australia - where recognition proceedings on foot - consideration of relief available under Model Law on Cross-Border Insolvency Art 19(1) ; PRACTICE AND PROCEDURE - application for summary dismissal - whether likely that plea of res judicata would…
19 Jun 2018: Zetta Jet Pte Ltd v The Ship "Dragon Pearl" [2018] FCA 981
Middleton J
ADMIRALTY - proposed action in rem -application for issue of a warrant to arrest a vessel after dismissal of earlier proceedings and previous arrest of vessel - proposed proprietary maritime claim application under the Admiralty Act 1988 (Cth) PRACTICE AND PROCEDURE - abuse of process - arrest would be unjustifiably oppressive to party - arrest would bring administration of justice into disrepute
18 Jun 2018: Zetta Jet Pte Ltd v The Ship "Dragon Pearl" [2018] FCAFC 99
Allsop CJ, Rares and Middleton JJ
ADMIRALTY - action in rem - vessel under arrest - proprietary maritime claim under s 4(2)(a)(i) and (ii) of the Admiralty Act 1988 (Cth) - cross-border insolvency - setting aside of writ, setting aside of arrest warrant and dismissal of proceeding PRACTICE AND PROCEDURE - appeal against decision of primary judge refusing two adjournment applications made immediately prior to commencement of trial - delay - prejudice to parties, other litigants and administration of justice - …
7 Jun 2018: Zetta Jet Pte. Ltd v The Ship "Dragon Pearl" [2018] FCA 878
Burley J
ADMIRALTY - vessel under arrest - claim in rem pursuant to s 4(2)(a)(i) and (ii) Admiralty Act 1988 (Cth) - cross border insolvency PRACTICE AND PROCEDURE - interlocutory applications - adjournment application made immediately prior to trial - delay - prejudice to parties, other litigants and administration of justice if application grante
2 May 2018: Ozmen Entertainment Pty Ltd v Neptune Hospitality Pty Ltd [2018] FCA 647
Burley J
ADMIRALTY - joint venture to operate hospitality business aboard vessel - agreement to charter and license vessel PRACTICE AND PROCEDURE - interlocutory application adoption of referee's report
7 Dec 2017: Wyzenbeek v Australasian Marine Imports Pty Ltd [2017] FCA 1460
Derrington J
PRACTICE AND PROCEDURE - application to amend statement of claim - where application has been filed after the commencement of the hearing - where particulars of statement of claim do not reflect detail of the case which applicants wish to rely - where respondents first objected to the evidence the week before the commencement of the hearing PRACTICE AND PROCEDURE - application to amend statement of claim - principles to apply on application to amend considered - relevance…
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.
21 Sep 2017: Delaware North Marine Experience Pty Ltd v The Ship "Eye-Spy" (No 2) [2017] FCA 1120
McKerracher J
COSTS - where plaintiff enjoyed substantial success - whether plaintiff entitled to indemnity costs due to offers of compromise rejected by defendants - whether defendants entitled to costs in relation to interlocutory proceedings on which they were partially successful
21 Sep 2017: Ozmen Entertainment Pty Ltd v Neptune Hospitality Pty Ltd [2017] FCA 1124
Burley J
ADMIRALTY - joint venture to operate hospitality business aboard vessel - agreement to charter and license vessel PRACTICE AND PROCEDURE - interlocutory application for order to appoint receiver and manager to take control of vessel and business operated on-board - whether there is a serious question to be tried - balance of convenience - whether damages are an adequate remedy - application dismissed - undertakings to Court noted
23 Jun 2017: Delaware North Marine Experience Pty Ltd v The Ship "Eye-Spy" [2017] FCA 708
McKerracher J
ADMIRALTY- bareboat charter - whether charter breached due to failure to exercise due diligence to make vessel seaworthy - whether damage to vessel a result of a latent defect - whether the plaintiff's crew took delivery of the crew "as is, where is" - whether damage to vessel caused by the negligence of the plaintiff's crew - whether plaintiff relieved from strict compliance with redelivery obligations pursuant to the charter - whether redelivery clause of charter imposes a …
30 Mar 2017: Offshore Marine Services Alliance Pty Ltd v Leighton Contractors Pty Ltd [2017] FCA 333
McKerracher J (252 FCR 574)
ADMIRALTY - general average - whether respondents are owners for the purpose of s 72(3) of the Marine Insurance Act 1909 (Cth) - whether the respondents otherwise have a relevant interest in property to attract liability for the purpose of s 72(3) of the Marine Insurance Act 1909 (Cth) by virtue of contractual obligations or otherwise
7 Dec 2016: BY Winddown, Inc v Vautin [2016] FCAFC 168
Besanko, Middleton and Griffiths JJ (346 ALR 401; 249 FCR 262)
PRACTICE AND PROCEDURE - interlocutory application for leave to appeal - no sufficient doubt in correctness of primary judge's judgment - no substantial injustice - proper construction of Federal Court Rules 2011 (Cth) concerning joinder of parties and service abroad Held: - application dismissed.
29 Nov 2016: Wilmington Trust Company (Trustee) v The Ship "Houston" [2016] FCA 1349
Siopis J
ADMIRALTY - the plaintiffs claimed delivery up of a ship and damages for conversion and/or detinue - whether the claims were proprietary maritime claims within s 16 of the Admiralty Act.
28 Sep 2016: Ship "Sam Hawk" v Reiter Petroleum Inc [2016] FCAFC 26
Allsop CJ, Kenny, Rares, Besanko and Edelman JJ (246 FCR 337)
ADMIRALTY - jurisdiction - s 15 of the Admiralty Act 1988 (Cth) - whether a proceeding is on a "maritime lien" - choice of law rule to apply to s 15 - where proceeding is based upon a contract between a time charterer and indirect supplier of bunkers - where master gave direct bunker supplier a no liability notice from owner PRIVATE INTERNATIONAL LAW - characterisation of issues - proper characterisation of issue of whether a contract for bunkers for a ship registered in…
22 Jul 2016: Northpoint Shipping Ltd v Pacific Marine & Civil Solutions Ltd [2016] FCA 1043
Rares J
31 May 2016: MOL Bulk Carriers Pte Ltd v Sin-Tang Development Pte Ltd [2016] FCA 619
McKerracher J
ADMIRALTY - Practice and Procedure - application to set aside order for service out of the jurisdiction to Singapore - whether order for service out of the jurisdiction tainted by material non-disclosure or misrepresentation of key facts - whether there is a prima facie case - strength of case at service stage - dealings leading to contracts of affreightment - FOB, CFR and CIF contracts - consequences of such contracts ARBITRATION - International Arbitration Act 1974 (Cth),…
18 Mar 2016: Toll Holdings Ltd v Stewart [2016] FCA 256
Rares J (338 ALR 602)
SALE OF GOODS - stoppage in transit - conversion - where administrators and receivers appointed to purchaser with property in goods shipped f.o.b. to Australia - where unpaid vendor gives notice to carrier to "hold" goods - whether notice effectual stoppage in transitu under s 48 of Sale of Goods Act 1923 (NSW) - whether carrier's subsequent delivery of goods from wharf to agent of purchaser conversion of goods - when transit finishes ADMIRALTY - straight telex release bills …
