Admiralty & Maritime Federal Court Judgments
24 Aug 2015: Commonwealth of Australia v Shenzhen Energy Transport Co Ltd [2015] FCAFC 116
Greenwood, Rares and Reeves JJ (234 FCR 113)
ADMIRALTY - consideration of an application for leave to appeal from orders of the primary judge dismissing the applicant/appellant's application for discovery of particular classes of documents - consideration of the appeal - limitation of liability defence - whether qualified admission of liability and denial by shipowner meant no issue on pleadings justifying discovery of ship's documents - ship's name Shen Neng I
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
21 May 2015: Fuk Hing Steamship Co Ltd v Shagang Shipping Co Ltd [2015] FCA 682
Rares J
8 May 2015: Kim v Daebo International Shipping Co Ltd [2015] FCA 684
Rares J (232 FCR 275)
BANKRUPTCY AND INSOLVENCY - ADMIRALTY - cross-border insolvency - recognition of foreign proceeding under Art 17(1) of the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law - recognition of foreign main proceeding pursuant to Art 17(2) - recognition of foreign representative under Art 2(d) - identification of debtor's centre of main interests - whether upon recognition of foreign proceeding court should exercise power under Art…
4 May 2015: US Shipping Limited v Leisure Freight & Import Pty Ltd (In Liquidation) (No 2) [2015] FCA 413
Greenwood J
ADMIRALTY - consideration of the form of the orders to be made arising out of the reasons for judgment published on 16 April 2015
30 Apr 2015: Virtu Fast Ferries Ltd v The Ship "Cape Leveque" [2015] FCAFC 58
Allsop CJ, Mansfield and McKerracher JJ (321 ALR 471; 232 FCR 22)
ADMIRALTY - arrest of surrogate ship - general maritime claim by purchaser of vessel alleged to be defective against shipbuilder under s 4(3)(n) of Admiralty Act 1988 (Admiralty Act) - whether purchaser could arrest nearly completed vessel in shipyard of shipbuilder - whether s 19(a) of Admiralty Act satisfied - surrogate vessel under construction not a "ship" for purposes of s 19(a) - ship on delivery not owned by "relevant person" - cause of action said to arise between…
30 Apr 2015: British Marine PLC v Wollongong Coal Limited [2015] FCA 403
Buchanan J
ADMIRALTY - contract of affreightment between plaintiff and third party to ship coking coal from Australia to India - where plaintiff alleges first defendant liable for cost of freight under a contract of affreightment - where second defendant purported to proffer, on behalf of the first defendant, a letter of guarantee by the first defendant for amounts owing - whether letter of guarantee was an offer capable of acceptance which would create contractual obligations -…
16 Apr 2015: US Shipping Limited v Leisure Freight & Import Pty Ltd (In Liquidation) [2015] FCA 347
Greenwood J
ADMIRALTY - consideration of an application for declarations and other relief in relation to the question of whether the applicant is entitled to assert a contractual lien over particular cargo for payment of freight and other charges in connection with the sea carriage of particular goods to Australia from the United States
20 Mar 2015: Virtu Fast Ferries Ltd v The Ship "Cape Leveque" [2015] FCA 324
Rares J (232 FCR 9; 325 ALR 706)
ADMIRALTY - arrest of surrogate ship - whether builder of nearly complete specialised ship or government purchaser was owner of ship for purposes of s 19(b) of the Admiralty Act 1988 (Cth) - whether purchaser of a ship had right to obtain order for specific performance of a contract for construction of the ship - where government had paid substantial sums to builder of multiple ships under contract and no dispute existed as to government's entitlement to order for specific…
22 Dec 2014: Samson Maritime Pty Ltd v Aucote [2014] FCAFC 182
Allsop CJ, Rares and McKerracher JJ (315 ALR 277; 143 ALD 273; 229 FCR 125)
ADMIRALTY - seafarers compensation - whether Administrative Appeals Tribunal had jurisdiction to determine application for compensation under Seafarers Rehabilitation and Compensation Act 1992 (Cth) in respect of injury suffered by seafarer - where s 19 of the Act provided different nexuses for its application - whether nexuses independent or cumulative - where seafarer employed by vessel owner using vessel in construction of wharf - whether s 19(1) required vessel to be…
12 Dec 2014: Programmed Total Marine Services Pty Ltd v Ships "Hako Endeavour", "Hako Excel" and "Hako Esteem" (No 2) [2014] FCAFC 169
Allsop CJ, Rares and Besanko JJ
6 Nov 2014: Dalian Deepwater Developer Ltd v The Ship "Hull No. N110" [2014] FCA 1193
Buchanan J
ADMIRALTY - action in rem against a ship - general maritime claim against property under s 4(3)(n) of the Admiralty Act 1988 (Cth) - 12 month limitation period for service of a writ under r 20 of the Admiralty Rules 1988 (Cth) - application for an extension of time to serve a writ.
3 Nov 2014: CSL Australia Pty Ltd v Minister for Infrastructure and Transport [2014] FCA 1160
Rares J (227 FCR 333)
ADMIRALTY - Coastal Trading (Revitalising Australian Shipping) Act 2012 (Cth) prescribed mandatory status for person making application for a temporary licence where applicant for licence not an owner, charterer, master or agent of a vessel or a shipper - where applications for licence and subsequent variations specified fictitious voyages that the licence would authorise - where applicant for licence intended to and did apply later for licence variations to amend fictitious …
24 Oct 2014: Fuk Hing Steamship Co Ltd v Shagang Shipping Co Ltd [2014] FCA 1200
Rares J
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…
15 Oct 2014: Suzlon Energy Ltd v Bangad [2014] FCA 1105
Rares J
ADMIRALTY - maritime fraud - breach of employee's fiduciary obligation to not put himself in a position of conflict or to obtain a benefit without employer's fully informed consent - fraudulent and dishonest conduct of employees and companies they controlled - use of interposed companies controlled by employees to carry employer's or principal's cargo at undisclosed inflated prices - employee without any disclosure of true position procuring related company of employer to…
14 Oct 2014: Programmed Total Marine Services Pty Ltd v Ships "Hako Endeavour", "Hako Excel" and "Hako Esteem" [2014] FCAFC 134
Allsop CJ, Rares and Besanko JJ (315 ALR 66; 229 FCR 563)
ADMIRALTY - practice and procedure - application for leave to amend writs and pleadings to include additional claims - where in rem claims against ships in relation to demise charterer's liabilities - where application to amend made after termination of demise charter - where additional claims based on the same facts and claiming the same damage as existing claims - whether amendment to include additional claims against the ships in relation to the demise charterer's…
[ High Court of Australia: Jan 2015: HCA Special leave application filed]
1 Aug 2014: CMA CGM SA v Ship 'Chou Shan' [2014] FCAFC 90
Allsop CJ, Besanko and Pagone JJ (311 ALR 234; 224 FCR 384)
PRACTICE AND PROCEDURE - application for stay of proceedings - whether Australian proceedings should be stayed where various proceedings also underway in China - whether primary judge applied the 'natural and obvious forum' test rather than the 'clearly inappropriate forum' test - whether the primary judge adequately considered juridical advantage in assessing whether Australia is a clearly inappropriate forum - discussion of place of juridical advantage in the 'clearly…
[ High Court of Australia: Aug 2014: HCA Special leave application filed]
24 Mar 2014: Commonwealth of Australia v MV Combi Dock III [2014] FCA 401
Siopis J
22 Mar 2014: Shagang Shipping Co Ltd v Ship 'BULK PEACE' as surrogate for the Ship 'DONG-A ASTREA' [2014] FCAFC 48
Allsop CJ, Rares and McKerracher JJ (314 ALR 230)
ADMIRALTY - ARREST - arrest of a surrogate vessel - interlocutory application for release of vessel - meaning of the expression "the owner" in s 19(b) of the Admiralty Act 1988 (Cth) - quality and significance of evidence required to demonstrate ownership of surrogate vessel under s 19(b) of the Admiralty Act 1988 (Cth) where respective owners of vessels are related entities. PRACTICE AND PROCEDURE - summary disposal of application - whether there was satisfactory evidence…
14 Mar 2014: Dollar Sweets Company Pty Ltd v Peaceline (Shipping) GmbH [2014] FCA 312
Rares J
6 Mar 2014: Latitude Fisheries Pty Ltd v Ship 'South Passage' [2014] FCA 186
McKerracher J
ADMIRALTY - owner of defendant vessel in default under mortgage - defendant vessel under arrest - interlocutory application brought by plaintiff for rights to possession of the defendant vessel, to perform survey, repairs and refitting and to exercise mortgagee power of sale - right to possession and to survey granted - right to perform repairs, refitting and to exercise power of sale declined at present - to grant rights would be inconsistent with the Admiralty Rules 1988…
14 Feb 2014: CMA CGM SA v Ship 'Chou Shan' [2014] FCA 74
McKerracher J
ADMIRALTY - interlocutory application by defendant ship for stay of proceedings - collision on the high seas in China's Exclusive Economic Zone - applicable lex causae in the Exclusive Economic Zone - whether Australia clearly inappropriate forum for determination of plaintiffs' claims - where Federal Court's jurisdiction regularly invoked - juridical advantage - whether Australian proceeding is vexatious and oppressive - whether Australian proceeding is the same or…
13 Feb 2014: Visscher v Teekay Shipping (Australia) Pty Ltd [2014] FCAFC 5
Rares, Jagot and Bromberg JJ
ADMIRALTY - payment of seaman's wages upon discharge under ss 75 and 78 of Navigation Act 1912 (Cth) - whether seaman entitled to double wages under ss 75 and 78 of the Act - whether "wages" included "salary" within the meaning of the Act - whether delay in making payment was due to wrongful act or default of shipowner - whether double wages ran where shipowner mistakenly but unreasonably believed that payment of wages was not due. INDUSTRIAL LAW - CONTRACTS - whether…
[ High Court of Australia: Aug 2014: HCA Application Dismissed [2014] HCASL 143]
28 Nov 2013: Programmed Total Marine Services Pty Ltd v Ships "Hako Endeavour", "Hako Excel" and "Hako Esteem" (No 2) [2013] FCA 1261
Jagot J
CONTRACTS - Admiralty - construction of deed - estoppel - services supplied to a ship - application to amend writ and statement of claim.
18 Sep 2013: Dampskibsselskabet Norden A/S v Gladstone Civil Pty Ltd [2013] FCAFC 107
Mansfield, Rares and Buchanan JJ (216 FCR 469)
ADMIRALTY - statutory interpretation - whether voyage charterparty is a "sea carriage document" for the purposes of s 11 of the Carriage of Goods by Sea Act 1991 (Cth) - whether arbitration clause in voyage charterparty for voyage from Australia of no effect by force of s 11(2)(b) of the Carriage of Goods Sea Act 1991 (Cth) - where parties agreed under Americanized Welsh Coal Charter (AMWELSH93) to arbitrate any disputes in London - where owners referred disputes regarding…
11 Jul 2013: Yu v STX Pan Ocean Co Ltd (South Korea), in the matter of STX Pan Ocean Co Ltd (receivers appointed in South Korea) [2013] FCA 680
Buchanan J (223 FCR 189)
BANKRUPTCY AND INSOLVENCY - cross-border insolvency - recognition of foreign proceedings - rights of secured creditors - right to commence proceedings with leave. ADMIRALTY - maritime lien - actions in rem - whether "additional orders" under the Model Law concerning cross-border insolvency.
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 justifying …
17 May 2013: International Bunker Services K.K. v Ship "Hai Shi" [2013] FCA 524
Rares J
26 Feb 2013: Ships "Hako Endeavour", "Hako Excel", "Hako Esteem" and "Hako Fortress" v Programmed Total Marine Services Pty Ltd [2013] FCAFC 21
Siopis, Rares and Buchanan JJ (296 ALR 265; 211 FCR 369)
ADMIRALTY - challenge to jurisdiction - whether challenge to jurisdiction must always be determined immediately - requirement for the plaintiff to establish jurisdiction on the balance of probabilities by reference to its claim as put forward, irrespective of whether claim likely to succeed or not. ADMIRALTY - demise charter (BARECON 2001 form) - ship arrested under s 18 of the Admiralty Act 1988 (Cth) - whether demise charter had been terminated before writ issued - whether …
22 Feb 2013: Bank of China Limited v The Ship "Hai Shi" (No 2) [2013] FCA 225
Rares J
22 Feb 2013: Alstom Limited v Liberty Mutual Insurance Company (No 2) [2013] FCA 116
Siopis J
MARINE INSURANCE - two transformers were damaged during a voyage from Mumbai to Fremantle - the transformers were insured by the owner under an all risks marine cargo insurance policy which included the Institute Cargo Clauses A - whether the proximate cause of the damage to the transformers was an inherent vice - whether the proximate cause of the damage to the transformers was the insufficiency or unsuitability of packing - whether the internal bracing to be applied to the …
7 Feb 2013: Bank of China Limited v The Ship "Hai Shi" [2013] FCA 224
Rares J
24 Dec 2012: Atlasnavios Navegacao, LDA v The Ship "Xin Tai Hai" (No 2) [2012] FCA 1497
Rares J (301 ALR 357; 215 FCR 265)
ADMIRALTY - arrest - application to Registrar for issue of arrest warrant under r 40(1) of Admiralty Rules 1988 (Cth) - whether party seeking issue of warrant has duty of full and frank disclosure on ex parte application - whether duty of disclosure limited to ensuring accuracy, at time of application, of matters in affidavit in support of the issue of the warrant and matters referred to in r 40(3) - whether proceedings between the owner of res and plaintiff in another…
21 Nov 2012: CSL Australia Pty Ltd v Minister for Infrastructure and Transport (No 4) [2012] FCA 1306
Robertson J
16 Nov 2012: STX Pan Ocean Co Ltd v Bowen Basin Coal Group Pty Ltd [2012] FCA 1508
Rares J
16 Nov 2012: CSL Australia Pty Ltd v Minister for Infrastructure and Transport (No 3) [2012] FCA 1261
Robertson J (131 ALD 304; 297 ALR 289)
ADMINISTRATIVE LAW - temporary shipping licences issued under Coastal Trading (Revitalising Australian Shipping) Act 2012 (Cth) - judicial review of decision to issue varied temporary licence - decision by delegate of the Minister - scope of considerations where power vested in the Minister - whether failure to take into account relevant considerations - whether taking into account irrelevant considerations - procedural fairness - content of procedural fairness in the…
13 Nov 2012: Suzlon Energy Ltd v Bangad (No 5) [2012] FCA 1505
Rares J
9 Nov 2012: Visscher v Teekay Shipping (Australia) Pty Ltd (No 4) [2012] FCA 1247
Katzmann J
SHIPPING AND NAVIGATION – Admiralty – masters and seamen – seaman’s wages – alleged delay in payment of wages on discharge from ship – Navigation Act 1912 (Cth), ss 75(1), 78, 83 – application of provisions to a salaried deck officer remunerated under a certified agreement – relationship between certified agreement and provisions of Pt 2 of the Navigation Act – operation of s 83 of the Navigation Act – whether certified agreement void to the extent of any inconsistency –…
7 Nov 2012: Daebo Shipping Co Ltd v The Ship Go Star [2012] FCAFC 156
Keane CJ, Rares & Besanko JJ (294 ALR 635; 207 FCR 220)
ADMIRALTY - chain of time charterparties in 1981 Absatime NYPE form - claims in conversion and detinue in respect of ship's bunkers when owners withdrew ship because head charterer failed to pay hire - question of which party had title to bunkers when owners withdrew the ship under head charter - when sub-charter provided for the sub-charterer to take over bunkers on delivery and pay for them, together with the first hire payment, within three banking days of the ship's…
[ High Court of Australia: Sep 2013: HCA Special leave granted]
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
12 Oct 2012: CSL Australia Pty Ltd v Minister for Infrastructure and Transport [2012] FCA 1110
Robertson J
ADMIRALTY - interlocutory injunction - imminent voyage - applicant sought order restraining the second respondent from performing voyages the subject of the application under review - whether applicant had shown likelihood of success to justify in the circumstances the preservation of the status quo pending trial ; ADMINISTRATIVE LAW - interlocutory application - judicial review of decision under the Coastal Trading (Revitalising Australian Shipping) Act 2012 (Cth) -…
21 Sep 2012: Broken Bay Slipway Pty Ltd v Yacht Velsheda II [2012] FCA 1120
Rares J
21 Aug 2012: Hingston v Pacific Tug (Australia) Pty Ltd [2012] FCAFC 119
Rares, Buchanan & Kerr JJ (204 FCR 472)
ADMIRALTY - seafarers compensation - ship provisioned, bunkered and crewed at one Australian port to undertake charterparty commencing at another Australian port - charterparty providing for ship to sail to overseas destination and return to Australia - seaman injured in second Australian port while preparing to begin chartered voyage - whether seaman injured when ship proceeding on an overseas voyage
[ High Court of Australia: Feb 2012: HCA special leave refused with costs.]
1 Aug 2012: Programmed Total Marine Services Pty Ltd v The Ship "Hako Fortress" [2012] FCA 805
McKerracher J (293 ALR 139)
ADMIRALTY - interlocutory applications by four defendant ships to set aside writs and arrest warrants in in rem proceedings - construction of a tripartite deed between the plaintiff provider of manning services to the defendant ships, the demise charterer and a third party for whom the four ships were being used to carry work whereby the third party would receive an assignment of debt upon payment to the manning service provider - whether the plaintiff had a 'maritime claim' …
12 Jul 2012: DA.MET (Aust) Pty Ltd v The Ship "Seahorse" [2012] FCA 752
Collier J
ADMIRALTY - repair work conducted on ship - refusal of defendant to pay all invoices for work conducted - ship arrested - claim of defendant that plaintiff substituted engine on ship - cross-claim
5 Jun 2012: Atlasnavios Navegacao, LDA v The Ship "Xin Tai Hai" [2012] FCA 715
Rares J (291 ALR 795)
ADMIRALTY - anti-suit injunction - arrest - writ claiming damages for loss from plaintiff's ship sinking after collision - parties agreed that defendant ship be released from arrest on provision by its P & I club of a letter of undertaking for the value of the ship - ship released by the Court after letter of undertaking provided to plaintiffs - both parties also parties to limitation proceedings in Qingdao Maritime Court in China - defendant and her owners then apply to …
28 May 2012: Transfield ER Futures Limited v The Ship 'Giovanna Iuliano' [2012] FCA 548
Gordon J (292 ALR 17)
ADMIRALTY - maritime jurisdiction - general maritime claim - arrest of ship - forward freight agreements - judgment given against owner in foreign court - right to proceed in rem on owner's liability - whether sufficient connection to carriage of goods by ship - writ and arrest warrant set aside - Admiralty Act 1988 (Cth), ss 4(3)(f), 14, 17
5 Apr 2012: Geraldton Port Authority v The Ship "Kim Heng 1888" (No 2) [2012] FCA 353
McKerracher J (291 ALR 471)
ADMIRALTY - plaintiff discontinuing in rem proceeding - defendants seeking to have proceeding dismissed as out of time - whether the three year limitation defence under s 37 Admiralty Act 1988 (Cth) operates to limit the bringing of a separate in personam proceeding when in rem proceeding already commenced ; ADMIRALTY - effect of conditional and unconditional appearances in in rem proceeding - effect of unconditional appearance by defendant charterer held not to convert in…
29 Feb 2012: Thomson v STX Pan Ocean Co Ltd [2012] FCAFC 15
Greenwood, McKerracher and Reeves JJ
ADMIRALTY - contract of affreightment - voyage charterparty - payment of freight and load port demurrage due within five banking days after signing and release of bills of landing - time when charterer defaults - separate liability of director in addition to the charterer for ongoing representations as to capacity to pay TRADE PRACTICES - misleading and deceptive conduct - officer of charterer made post-contractual representations that the charterer was imminently "ready,…
30 Nov 2011: Daebo Shipping Co Ltd v The Ship Go Star (No 2) [2011] FCA 1544
Siopis J
4 Nov 2011: Walker v Government of the Republic of Vanuatu [2011] FCAFC 138
Dowsett, Rares and Reeves JJ
INTERNATIONAL LAW - sovereign immunity - proceedings brought against foreign State complaining of its government seizing a ship within foreign State's territory - foreign State claiming proceeding inconsistent with its immunity from jurisdiction under ss 9 and 38 of the Foreign States Immunities Act 1985 (Cth) - whether primary judge ought to have confirmed service out of the jurisdiction pursuant to O 8 r 3(1)(b) and (5) of the Federal Court Rules 1979 (Cth) - application…
4 Nov 2011: Visscher v Teekay Shipping (Australia) Pty Ltd [2011] FCAFC 137
Greenwood, Rares and Foster JJ (284 ALR 261; 198 FCR 575)
ADMIRALTY - seafarer's wages - relevant principles - obligation of shipowner to pay seafarer's wages before or at the time of discharge under s 75 of the Navigation Act 1912 (Cth) - whether shipowner had defence based on a reasonable dispute as to its liability for wages within the meaning of s 78 of the Navigation Act 1912 (Cth) - whether seafarer, when obtaining his discharge, accepted as repudiation shipowner's insistence of his holding lower rank, after earlier promotion …
13 Oct 2011: Birdon Pty Ltd v Houben Marine Pty Ltd [2011] FCAFC 126
Keane CJ, Rares and Buchanan JJ (123 ALD 447; 197 FCR 25; 283 ALR 39)
ADMIRALTY – whether a charter agreement is a construction contract – liability of parties pursuant to an agreement for the hire of a back hoe dredge vessel – whether having invoked federal jurisdiction in proceedings in the Federal Court an adjudication application under a State Act can be pursued – whether the State Act purports to withdraw the Federal Court’s authority to quell a controversy within its jurisdiction – source of rights and remedies in federal jurisdiction –…
31 Aug 2011: Daebo Shipping Co Ltd v The Ship Go Star [2011] FCA 1015
Siopis J (283 ALR 255)
ADMIRALTY - time charterparty - bunkers - claim for conversion and detinue of the bunkers - whether disponent owner had property in the bunkers CONFLICT OF LAWS - claim for unlawful interference in contractual relations - double actionability rule - whether the events comprising the tort in substance took place in the People's Republic of China
27 Jul 2011: Navios International Inc v The Ship HUANG SHAN HAI [2011] FCA 895
Rares J (194 FCR 468)
ADMIRALTY - bail bonds - sufficient surety - defendant proffered bail bonds with supplementary undertaking to the Court as security to obtain release of vessel under arrest - objections to bail bond -whether sufficient bail is given by filing a bail bond signed by only one surety rather than two, as required under r 54(2) of Admiralty Rules 1988 (Cth) - whether affidavit on information and belief by solicitor can satisfy requirements in r 56(3A) of Admiralty Rules 1988 (Cth) …
10 Jun 2011: Norddeutsche Landesbank Girozentrale v The Ship "Beluga Notification" (No 2) [2011] FCA 665
Rares J
ADMIRALTY - action in rem under s 16 of the Admiralty Act 1988 (Cth) - claim relating to mortgage of ship and interest in respect of it under ss 4(2)(a)iii) and (d) of Admiralty Act 1988 (Cth) - no appearance filed by arrested ship or any relevant persons including owners - application for valuation and sale of ship under r 69(1) of the Admiralty Rules 1988 (Cth) - no apparent prospect that owners or any one else will pay or provide security to obtain ship's release from…
6 Jun 2011: STX Pan Ocean Co Ltd v Tri Bulk Shipping Co Limited [2011] FCA 704
North 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 Mar 2011: Walker v Government of the Republic of Vanuatu [2011] FCA 364
Greenwood J
ADMIRALTY - consideration of whether claims recited in an amended application and statement of claim are justiciable before the Federal Court of Australia PRACTICE AND PROCEDURE - consideration of an application to set aside service of proceedings upon the Republic of Vanuatu - consideration of whether claims recited in an amended application and statement of claim are justiciable before the Federal Court - consideration of Order 8, rule 3(1), (2) and (5) of the Federal…
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
12 Nov 2010: STX Pan Ocean Co Ltd v Bowen Basin Coal Group Pty Ltd (No 2) [2010] FCA 1240
Rares J
ADMIRALTY – contract of affreightment – voyage charterparty – payment of freight and load port demurrage due within five banking days after signing and release of bills of lading – time when charterer defaults CONTRACT – TRADE AND COMMERCE – whether representations made by conduct of entry into contract – whether by entering into or signing contract party represents it is and will be ready, willing and able to perform all obligations at time performance is and after it…
8 Oct 2010: Parlei Pty Limited v Rowe [2010] FCA 1111
Rares J
28 Sep 2010: Brisbane Slipways Operations Pty Ltd v Pantaloni (No. 2) [2010] FCA 1055
Greenwood J
ADMIRALTY – determination of the question of costs arising out of the orders made in Brisbane Slipways Operations Pty Ltd v Pantaloni [2010] FCA 654 PRACTICE AND PROCEDURE – determination of the question of costs arising out of the orders made in Brisbane Slipways Operations Pty Ltd v Pantaloni [2010] FCA 654
5 Jul 2010: Seafood Imports Pty Ltd v ANL Singapore Pte Ltd [2010] FCA 702
Ryan J
SHIPPING AND NAVIGATION – Carriage of goods by sea – In refrigerated container supplied by carrier – controller on container becoming stuck in defrost mode due to incompatible software – Whether goods properly and carefully carried, kept, cared for and discharged – Exception of latent defect – Whether malfunctioning of container not discoverable by due diligence – Hague-Visby Rules Arts III rr (1) and (2) and IV rr (1) and (2)(p)
24 Jun 2010: Brisbane Slipways Operations Pty Ltd v Pantaloni [2010] FCA 654
Greenwood J (270 ALR 13)
ADMIRALTY – consideration of a challenge to the jurisdiction of the Federal Court to hear a proceeding commenced as an action in rem in reliance upon ss 10, 17 and 18 of the Admiralty Act 1988 (Cth) – consideration of the Court’s jurisdiction in an action in personam in reliance upon s 9 of the Admiralty Act 1988 (Cth) – consideration of whether the plaintiff’s proceeding to the extent that it engages an action in rem against the ship Aremiti 4 should be struck out as beyond …
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
18 Mar 2010: Strong Wise Limited v Esso Australia Resources Pty Ltd [2010] FCA 240
Rares J (267 ALR 259 ; 185 FCR 149)
ADMIRALTY – LIMITATION OF LIABILITY – application under s 25 of the Admiralty Act 1988 (Cth) by shipowner to limit liability under Limitation of Liability for Maritime Claims Act 1989 (Cth) and the Convention on Limitation of Liability for Maritime Claims 1976 as affected by the 1996 Protocol to amend that Convention – meaning of “claims arising on any distinct occasion” in Arts 2(1)(a) and 6(1) of the Convention – Arts 6(1)(b) and 11 of the Convention permitting shipowner…
26 Feb 2010: The Ship “Gem of Safaga” v Euroceanica (UK) Ltd [2010] FCAFC 14
Ryan, Besanko and Jagot JJ (265 ALR 88; 182 FCR 27)
ADMIRALTY – appeal against decision refusing to set aside writ in rem issued against surrogate ship under s 19 of Admiralty Act 1988 (Cth) – where Memorandum of Agreement for purchase of surrogate ship originally included “relevant person” under s 19(a) as sole purchaser, but Addendum to Memorandum of Agreement included relevant person as nine-tenth purchaser and third party as one-tenth purchaser – where purchase price for surrogate ship paid by loan for which both…
23 Dec 2009: EMAS Offshore Pte Ltd v The Ship “APC Aussie 1” (No 2) [2009] FCA 1583
Rares J (194 FCR 484)
ADMIRALTY –– arrest –– costs of arrest, custody and release of ship –– payment in compliance with demand by Marshal –– plaintiff pays pursuant to an undertaking given under r 41 of the Admiralty Rules 1988 (Cth) –– defendant/relevant person pays money into court as security for the plaintiff's claim, and also pays money demanded by Marshal pursuant to an undertaking given under r 53 in order to obtain release of ship –– ship released after payments and r 53 undertaking by…
15 Dec 2009: Beluga Shipping GmbH v Suzlon Energy Ltd (No 4) [2009] FCA 1568
Rares J
9 Dec 2009: Euroceanica (UK) Ltd v The Ship “Gem of Safaga” [2009] FCA 1467
Rares J (263 ALR 68; 182 FCR 1)
ADMIRALTY –– ARREST –– meaning of the expression “the owner” in s 19(b) of the Admiralty Act 1988 (Cth) –– 9 of 10 shares in arrested ship registered on Indian Register of Shipping in name of relevant person: 1 share registered in name of company of which director was managing director of relevant person –– whether 1 share held beneficially by registered shareholder or on resulting trust –– purchase initial ship in sole name of relevant person –– before completion relevant…
6 Nov 2009: Beluga Shipping GmbH v Suzlon Energy Ltd (No 3) [2009] FCA 1347
Rares J
30 Oct 2009: Beluga Shipping GmbH v Suzlon Energy Ltd (No 2) [2009] FCA 1346
Rares J
7 Oct 2009: B W Offshore Ltd v Anzon Australia Limited (ABN 46 406 771) [2009] FCA 1133
Ryan J
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
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…
18 Sep 2009: Beluga Shipping GmbH v Suzlon Energy Ltd [2009] FCA 1020
Rares J
31 Jul 2009: EMAS Offshore Pte Ltd v The Ship “APC Aussie 1” [2009] FCA 872
Rares J (258 ALR 454)
ADMIRALTY –– proceeding in rem –– procedure –– application to amend writ after arrest –– adding new claim for indemnity –– relevant person –– construction of ‘maritime claim’ and ‘cause of action’ in s 18 Admiralty Act 1988 (Cth) –– whether the plaintiff can amend writ to add new claim for indemnity, in respect of liability arising in foreign proceedings, against demise charterer as relevant person after termination of charterparty ; ADMIRALTY –– proceeding in rem ––…
23 Jul 2009: Mentink v Registrar of Ships [2009] FCA 871
Rares J
26 Jun 2009: APC Marine Pty Ltd v T-D Joint Venture Pty Ltd [2009] FCA 713
Rares J
25 Jun 2009: APC Marine Pty Ltd (ACN 119 763 012) v The Ship “APC Aussie 1” [2009] FCA 690
Ryan J
21 May 2009: Australian Fisheries Management Authority v Su [2009] FCAFC 56
Black CJ, Mansfield and Bennett JJ (255 ALR 454)
ADMIRALTY – foreign fishing vessel equipped for fishing seized inside the Australian Fishing Zone (AFZ) liable to be forfeited to the Commonwealth for offence under Fisheries Management Act 1991 (Cth) – offence of strict liability – defence available under s 9.2 Criminal Code (Cth) – defence if vessel was in the AFZ as a result of a mistaken but reasonable belief about facts which, had they existed, would have meant that the conduct would not have constituted offence –…
15 May 2009: Omega Tankers & Trailers Pty Ltd v East-West Air Services Co Ltd [2009] FCA 648
Rares J
1 May 2009: Seafood Imports Pty Ltd (ACN 006 456 819) v ANL Singapore Pte Ltd (No 1) [2009] FCA 435
Ryan J
10 Feb 2009: Australian Maritime Safety Authority v Livestock Transport & Trading [2009] FCAFC 10
Dowsett, Rares and Gilmour JJ (174 FCR 74)
ADMIRALTY – treatment or holding of livestock sewage onboard ship – Maritime Authority refused foreign flagged ship permission to load livestock because of lack of compliance with parts of Marine Orders Pt 43, O 12.2 and cl 6.6 of Appendix 4 – appeal from decision by primary judge that these parts of Marine Orders were invalid, being inconsistent with Div 12C of Pt IV of Navigation Act 1912 (Cth), to extent applicable to foreign flagged ships – law of State of flag of ship ; …
19 Dec 2008: New Guinea Australia Line Pty Ltd v Board of Trustees of Papua New Guinea National Museum & Art Gallery [2008] FCA 1942
Rares J
19 Dec 2008: Beluga Shipping GmbH & Co v Headway Shipping Ltd (No 4) [2008] FCA 1990
Rares J
12 Dec 2008: Beluga Shipping GmbH & Co v Headway Shipping Ltd (No 3) [2008] FCA 1989
Rares J
8 Dec 2008: Thor Shipping A/S v The Ship “Al Duhail” (No 2) [2008] FCA 2007
Dowsett J
5 Dec 2008: Thor Shipping A/S v The Ship “Al Duhail” [2008] FCA 1842
Dowsett J (252 ALR 20; 173 FCR 524)
ADMIRALTY – engagement of admiralty jurisdiction dependant on ownership, possession or control of the relevant vessel – Section 17 of the Admiralty Act 1988 (Cth) ; PERSONAL PROPERTY – whether title to a vessel was passed under the conditions of a relevant agreement to the satisfaction of s 17 of the Admiralty Act 1988 (Cth) – whether registration is proof of “ownership” as that term is defined by the common law – whether an entitlement to own is sufficient to prove…
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 …
16 Oct 2008: Tai Shing Maritime CO SA v The Ship “Samsun Veritas” as surrogate for the Ship “Tai Hawk” [2008] FCA 1546
McKerracher J
ADMIRALTY – urgent ship arrest – serious safety and financial risks in ship remaining in Port – urgent orders sought permitting ship to move beyond the 12 mile zone – orders made permitting ship to make 12 hour trip to suitable port – jurisdictional questions – balancing interests
16 Oct 2008: Livestock Transport & Trading v Australian Maritime Safety Authority (No 2) [2008] FCA 1544
Siopis J
ADMIRALTY – foreign flagged vessel was refused permission to load livestock because it did not comply with parts of Marine Orders Pt 43 – whether O 12.2 and s 6.6 of Appendix 4 of the Marine Orders are inconsistent with Div 12C of Pt IV of the Navigation Act 1912 (Cth) to the extent they apply to foreign flagged vessels
3 Oct 2008: Livestock Transport & Trading v Australian Maritime Safety Authority [2008] FCA 1569
Siopis J
3 Oct 2008: Mei Ying Su v Australian Fisheries Management Authority No 2 [2008] FCA 1485
Reeves J (251 ALR 135)
CRIMINAL – Strict liability offences – mistake of fact – whether mistake of fact or law – whether affirmative belief as to fact – whether mistaken belief reasonable ; ADMIRALTY - Forfeiture of foreign fishing vessel – civil proceedings to prevent forfeiture – onus of proof and standard of proof – whether vessel being used for offence – purpose of enforcement provisions – purpose of reasonable mistake of fact defence
26 Aug 2008: Elbe Shipping SA v Giant Marine Shipping SA (No 2) [2008] FCA 1409
Dowsett J
5 Aug 2008: Elbe Shipping SA v Giant Marine Shipping SA [2008] FCA 1135
Dowsett J
ADMIRALTY – ship under tow – liability of ship under tow for loss and damage caused by tug – imputation of liability under contract – cannot be relied upon by third party ; PRACTICE AND PROCEDURE – summary judgment and judgment on admissions – entering such a judgment for the plaintiff without appropriate orders
22 May 2008: Mei Ying Su v Australian Fisheries Management Authority [2008] FCA 915
Reeves J
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