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…
17 Jun 2009: BHPB FREIGHT PTY LTD v COSCO OCEANIA CHARTERING PTY LTD [2009] FCA 1607
Finkelstein J
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
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…
7 Jun 1993: Sea Containers Ltd v Owners of Vessel "Seacat 031" [1993] FCA 1080
Lockhart J
5 May 1993: Visscher v Associated Steamships Pty Ltd [1993] FCA 1074
Cooper J
2 Nov 1990: Wills Shipping Pty Ltd v. The Ship Oceania Trader & Its Charters Oceania Shipping Corporation Limited [1990] FCA 685
Spender J.
21 Aug 1990: Credit Suisse v. The Owners of the Ship Satouf 1 [1990] FCA 445
French J.
5 Oct 1990: Hodson, C.J. & Ors v. The Owners of the Ship Super Sport [1990] FCA 570
Spender J. (26 FCR 157)
28 Jun 1991: Thomas, H.C. v the ship "Xiphias Hunter" & Ors [1991] FCA 365
Davies J
5 Jun 1991: Bakri Navigation Company Ltd v. Ship Golden Glory Glorious Shipping S.A. [1991] FCA 306
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)
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.
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)
2 May 1991: Bakri Navigation Company Ltd v. Ship Golden Glory, Glorious Shipping S.A. (Owners of) [1991] FCA 242
Gummow J.
11 Apr 1991: Murphy, S.J. v. A. Raptis & Sons [1991] FCA 197
French J.
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 Mar 1992: Victrawl Pty Ltd v OTC Ltd & Ors [1992] FCA 322
Sheppard J.
6 Nov 1989: Allonah Pty Ltd v The ship Amanda N & Ors [1989] FCA 681
Sheppard J. (90 ALR 391; 21 FCR 60)
30 Jun 1986: Re TNT Alltrans Grounding (Court of Marine Enquiry) [1986] FCA 102
Sheppard J. ((1986) 83 FLR 416 67 ALR 107)
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)
19 Sep 1991: BHP Trading Asia Ltd & Ors v. Oceaname Shipping Ltd & Anor [1991] FCA 568
Morling J.
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)
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…
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.
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…
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…
26 Mar 2010: Patrick Stevedores No 2 Pty Ltd v The Proceeds of Sale of the Vessel MV Skulptor Konenkov [2010] FCA 301
Rares J
ADMIRALTY - UNCLAIMED MONEY FROM SALE OF SHIP – whether appropriate to advertise before paying money to Commonwealth as unclaimed moneys – international creditors Held: advertise in Lloyd’s List
14 Mar 2014: Dollar Sweets Company Pty Ltd v Peaceline (Shipping) GmbH [2014] FCA 312
RARES J
29 May 2007: Bank of Kuwait and the Middle East v The Ship MV “Mawashi Al Gasseem” (No 2) [2007] FCA 815
Mansfield J (240 ALR 120)
PROCEDURE - operation of O 35 r 2(2)(c) of the Federal Court Rules - whether declaration should be made on deemed admissions - where declaration sought as to validity of mortgage over ship - where declaration affects priority of other claims against ship - where other claimants have had opportunity to intervene - considerations in exercising discretion to make declaration - declaration made
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…
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
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…
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
11 Apr 2008: Deiulemar Compagnia Di Navigazione SpA (ID Number 395485) v The Ship “George T” [2008] FCA 577
Siopis J
ADMIRALITY – change of ownership of vessel – whether writ in rem should be renewed
17 May 2013: International Bunker Services K.K. v Ship "Hai Shi" [2013] FCA 524
RARES J
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 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.
25 Sep 2009: Qenos Pty Ltd v Ship ‘APL Sydney’ [2009] FCA 1090
Finkelstein J (260 ALR 692 ; 187 FCR 282)
ADMIRALTY – limitation of liability – limitation fund – claim for damage caused by ship – anchor struck pipeline causing supply of ethane to stop – plaintiffs use gas in their business operations – plaintiff suffered only pure economic loss – whether plaintiffs claim subject to the limitation fund – interpretation of treaties – principles to be applied
18 Sep 2009: Beluga Shipping GmbH v Suzlon Energy Ltd [2009] FCA 1020
Rares J
25 Sep 2009: BHPB Freight Pty Ltd v Cosco Oceania Chartering Pty Ltd (No 3) [2009] FCA 1087
Finkelstein J
AGENCY – warranty of authority – shipbroker purportedly acting for one party but actually acting for another – measure of damages TRADE PRACTICES – misleading conduct – damages recoverable under s 82 – whether possible to avoid operation of s 82(1B) by claiming compensation under s 87 ADMIRALTY – shipbroking contract – implication of terms – no implied obligation to provide copies of documents relating to charterparty – implication of term requiring broker to exercise…
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
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)
22 Jul 2016: Northpoint Shipping Ltd v Pacific Marine & Civil Solutions Ltd [2016] FCA 1043
RARES J
28 Mar 2007: Heilbrunn v Lightwood PLC [2007] FCA 433
Allsop J
Admiralty and maritime jurisdiction - practice and procedure - service out of the jurisdiction - damage suffered wholly or partly within Australia for item 5 in table accompanying Order 8 rule 2
22 Jun 2006: Pan Australia Shipping Pty Ltd v The Ship 'Comandate' [2006] FCA 881
RARES J
JURISDICTION - stay of action - anti-anti-suit injunction -quia timet relief - application for injunction to restrain defendant obtaining injunction in a foreign court which would prevent plaintiff filing statement of claim in personam pursuant to r 22 of the Admiralty Rules so as to invoke Australian jurisdiction under Trade Practices Act 1974 (Cth) - where defendant threatening to take steps in English High Court of Justice to restrain proceedings in the Federal Court of…
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 …
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…
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
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
3 Sep 2015: Moet Hennessy Australia Pty Ltd v Hanjin Shipping Co Ltd [2015] FCA 1153
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
24 Sep 2015: Hur v Samsun Logix Corporation [2015] FCA 1154
RARES J (109 ACSR 137; 238 FCR 483)
26 Nov 2008: Beluga Shipping GmbH & Co v Headway Shipping Ltd (No 2) [2008] FCA 1770
Rares J (251 ALR 620)
ADMIRALTY – procedure and evidence – ex parte application for service of originating process on person in foreign country outside Commonwealth jurisdiction – whether Court has jurisdiction under Order 8 rule 2 of Federal Court Rules or Admiralty Act 1988 (Cth), ss 4(3)(f) or 12 and 13 – whether proceedings were of kind mentioned in O 8 r 2 – whether there was prima facie case for relief claimed in proceedings – whether evidence established sufficient case for service outside …
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…
24 May 2006: Consort Express Lines Limited (ARBN 065 374 138) v J-Mac Pty Limited (ACN 055 284 270) [2006] FCA 747
RARES J
21 Apr 2011: Norddeutsche Landesbank Girozentrale v The Ship "Beluga Notification" [2011] FCA 410
Buchanan J
ADMIRALTY - arrest of vessel - application by Marshal to move vessel to another port
25 Oct 2012: CSL Australia Pty Ltd v Minister for Infrastructure and Transport (No 2) [2012] FCA 1181
Robertson J
PRACTICE AND PROCEDURE - application for leave to appeal from interlocutory judgment - request for fixing a date for filing application for leave to appeal - whether interlocutory orders will affect final result
25 Jun 2013: Bank of China v Ship "Hai Shi" (No 3) [2013] FCA 660
RARES J
ADMIRALTY - Marshal's costs - application for taxation of Marshal's costs under r 78B Admiralty Rules 1988 (Cth) - whether prima facie position that Marshal's costs and expenses are not to be taxed displaced - where costs and expenses incurred from Court ordered sale of ship - where several events created difficulties for Marshal in effecting sale including unseaworthiness, lapsing of insurances and P & I cover for ship - where difficulties arose during arrest…
24 Oct 2014: Mentink v Registrar of the Australian Register of Ships [2014] FCA 1138
GREENWOOD J
ADMIRALTY - consideration of an application for an extension of time to file an appeal from two judgments of the Supreme Court of Queensland by which that Court made a declaration that the Registrar appointed to exercise powers and functions under the Shipping Registration Act 1981 (Cth) (the "Act") was not authorised by the Act to make an entry in the Register of Ships under the Act resulting in closure of the registration of a ship called the Larus II - consideration of…
9 Oct 2006: Comandate Marine Corp v The Ship "Boomerang I" [2006] FCA 1345
Allsop J
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 -…
24 Jun 2006: Comandate Marine Corp v The Ship "Boomerang I" [2006] FCA 859
ALLSOP J
13 Oct 2006: Comandate Marine Corp v Pan Australia Shipping [2006] FCA 1370
Allsop J
PRACTICE AND PROCEDURE - ADMIRALTY AND MARITIME - obligation of parties and lawyers to co-operate to ensure that only questions truly necessary for decision are brought to court for argument.
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…
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…
3 Jul 2006: Consort Express Lines Limited (ARBN 065 374 183) v J-Mac Pty Limited (ACN 055 284 270) (No 2) [2006] FCA 833
RARES J (232 ALR 341)
DAMAGES – title to sue whether parent company can sue for loss suffered by subsidiary company - separate and distinct loss - measure of damages no transaction case; ADMIRALTY - where ship required repairs following purchase action against prepurchase surveyor - recovery of hire costs of substitute vessel and repair costs; Held - judgment entered for the full amount claimed with interest.
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…
22 Mar 2011: Chevron Australia Pty Ltd v The Registrar of the Australian Register of Ships [2011] FCA 265
Greenwood J
ADMIRALTY - consideration of an application to rectify the Australian Register of Ships as to remove an entry wrongly existing in the Register
19 Jun 2006: Cheng XI Shipyard v The Ship 'Falcon Trident' [2006] FCA 759
BESANKO J
PRACTICE AND PROCEDURE - application by respondent to action for order that applicant give security for costs - Federal Court Act 1976 (Cth), s 56 - Federal Court Rules, O 28 r 3 - factors relevant to exercise of discretion - apparent strength of applicant's case - where applicant resident outside jurisdiction and has no assets in jurisdiction - held, in circumstances, appropriate to order security for costs.
23 Jul 2015: Commonwealth of Australia v Shenzhen Energy Transport Co Ltd [2015] FCA 757
COLLIER J
PRACTICE AND PROCEDURE - discovery - application pursuant to rule 20.15 Federal Court Rules 2011 - criteria in rule 20.14(1)(b) and (c) and rule 20.14(2) - Practice Note CM 5 - purpose of particulars ADMIRALTY - "distinct occasion" - Convention on Limitation of Liability for Maritime Claims 1976 - Limitation of Liability for Maritime Claims Act 1989 (Cth) - principles in Strong Wise Ltd v Esso Australia Resources (2010) 185 FCR 149
3 Aug 2007: OW Bunker & Trading Company Ltd A/S v The Ship MV “Mawashi Al Gasseem” (No 2) [2007] FCA 1139
Mansfield J (242 ALR 342)
ADMIRALTY - priority of claims in rem against ship over proceeds of sale of ship and sale of bunkers - whether mortgage over ship includes fuel oil in bunkers
22 Aug 2006: Pan Australia Shipping Pty Ltd v The Ship Comandate (No 2) [2006] FCA 1112
RARES J ((2006) 234 ALR 483)
ARBITRATION - ELECTION - stay of proceedings - anti-anti-suit injunction - where arbitral proceedings brought in England and in rem proceedings brought in Federal Court of Australia by same party - whether action in rem constituted election to litigate rather than arbitrate - abandonment of right to arbitrate - whether right to arbitrate waived - whether arbitration agreement rendered inoperative ; ARBITRATION - definition of agreement in writing under International…
7 May 2021: CSBP Limited v BBC Chartering Carriers GmbH & Co KG [2021] FCA 554
RARES J
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
24 Mar 2014: Commonwealth of Australia v MV Combi Dock III [2014] FCA 401
SIOPIS J
19 Dec 2008: Beluga Shipping GmbH & Co v Headway Shipping Ltd (No 4) [2008] FCA 1990
Rares J
30 Nov 2011: Daebo Shipping Co Ltd v The Ship Go Star (No 2) [2011] FCA 1544
Siopis J
30 Oct 2009: Beluga Shipping GmbH v Suzlon Energy Ltd (No 2) [2009] FCA 1346
Rares J
12 Dec 2008: Beluga Shipping GmbH & Co v Headway Shipping Ltd (No 3) [2008] FCA 1989
Rares J
