Admiralty & Maritime Federal Court Judgments
11 Dec 2007: Mitsubishi Australia Limited v Ship MV Patriot [2007] FCA 1982
Allsop J
3 Oct 2007: Heilbrunn v Lightwood PLC [2007] FCA 1518
Allsop J (164 FCR 1 ; 243 ALR 343)
Admiralty and maritime jurisdiction – meaning of “a claim arising out of an agreement that relates to carriage of goods by a ship” for s 4(3)(f) of the Admiralty Act 1988 – whether damage to goods caused by a warehouseman acting under an agreement with a freight forwarder who undertook to carry the goods by land and sea, loading a shipping container at its premises prior to transportation to the port for loading on board ship fell within the provision – whether the…
31 Aug 2007: W K Marble & Granite Pty Limited v CASA China Limited [2007] FCA 1382
Allsop J (244 ALR 396)
ADMIRALTY and MARITIME – practice and procedure – discontinuance of small claim – approach to costs.
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
1 Aug 2007: United Salvage Pty Ltd v Louis Dreyfus Armateurs SNC [2007] FCAFC 115
Ryan, Kiefel and Dowsett JJ (240 ALR 630; 163 FCR 183)
SHIPPING - salvage - appeal from award of salvage reward - discretionary nature of award - role of appellate Court - whether primary judge erred in exercising discretion in fixing reward - whether failed to take into account degree of risk of global and of local failure - sufficiency of evidence - whether potential liability to third parties - relevance of costs and actual expenses of salvage - whether judge used actual costs and expenses as benchmark - whether value of…
2 Jul 2007: Hilditch Pty Ltd v Dorval Kaiun KK [2007] FCA 999
Allsop J
31 May 2007: C V Sheepvaartonderneming Ankergracht v Stemcor (A/sia) Pty Limited [2007] FCAFC 77
Ryan, Dowsett and Rares JJ (160 FCR 342; 240 ALR 704;)
SHIPPING AND NAVIGATION - carriage of goods by sea - liability for damage to steel coils by corrosion before or during voyage - effect of amended Hague Rules as defined in s 7 of Carriage of Goods by Sea Act 1991 (Cth) - whether vessel unseaworthy for voyage from northern winter to southern hemisphere summer because not fitted with dehumidifiers - seaworthiness - cargoworthiness - whether carriers established exercise of due diligence - whether carrier failed to carry, keep…
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
11 May 2007: Hilditch Pty Ltd v Dorval Kaiun KK [2007] FCA 752
Allsop J
27 Apr 2007: Brazin Limited v Transarea China Ltd [2007] FCA 610
Allsop 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
20 Dec 2006: Comandate Marine Corp v Pan Australia Shipping Pty Ltd [2006] FCAFC 192
Finn, Finkelstein and Allsop JJ
ADMIRALTY AND MARITIME JURISDICTION - action in rem in Australia commenced by foreign party who had commenced London arbitration against Australian party - no statutory basis for commencing the in rem action - no election or waiver or abandonment of arbitration - nature of action in rem discussed ; INTERNATIONAL ARBITRATION - proceedings begun in this Court by Australian party - stay sought by foreign party under International Arbitration Act 1974 (Cth) - stay granted
15 Dec 2006: Dalian Mengyuan Fishery Company Limited v Commonwealth of Australia [2006] FCA 1783
Allsop J
18 Oct 2006: ASP Holdings Ltd v Pan Australia Shipping Pty Ltd [2006] FCA 1379
Finkelstein J (235 ALR 554)
ADMIRALTY - demise charterer - notice of termination - notice uncertain - termination conditional - whether redelivery required ; CORPORATIONS - leave to commence action in rem against ship
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.
11 Oct 2006: Hyundai Merchant Marine Co Ltd v Dartbrook Coal (Sales) Pty Ltd [2006] FCA 1324
Kiefel J
ADMIRALTY & MARITIME JURISDICTION - carriage of goods by sea - contract for cargo - whether binding contract - correspondence of offer and acceptance of terms - whether charterparty conditional upon existence of cargo contract - whether wrongful repudiation of charterparty ; ADMIRALTY & MARITIME JURISDICTION - Meaning of force majeure event - Whether force majeure event existed due to non performance of a contract by another party - whether impractability of performance…
9 Oct 2006: Comandate Marine Corp v The Ship "Boomerang I" [2006] FCA 1345
Allsop J
15 Sep 2006: G P Marketing International Pty Ltd v Pacific Orient Sea Transport Pte Ltd [2006] FCA 1307
Allsop J
ADMIRALTY AND MARITIME JURISDICTION - cargo claim - costs discontinuance against one party - misunderstanding of essential fact by both plaintiffs and defendant - need for parties in cargo case large or small to pay precise attention to the facts.
1 Sep 2006: United Salvage Pty Ltd v Louis Dreyfus Armateurs SNC [2006] FCA 1141
Tamberlin J (163 FCR 151)
SHIPPING - Salvage - Amount of Salvage Reward - Factors Relevant to Assessment - Liability Salvage - Whether excluded from consideration - 1989 Convention on Salvage - Interpretation - Extrinsic aids - Vienna Convention - Travaux Preparatoires - Proof of Beneficial Ownership
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…
2 Aug 2006: Elbe Shipping SA v The Ship “Global Peace” [2006] FCA 954
Allsop J (154 FCR 439)
ADMIRALTY AND MARITIME JURISDICTION – Jurisdiction to hear in rem proceeding – discussion of s 15 of the Admiralty Act (proceeding on a maritime lien), of the nature of the general maritime claim in s 4(3)(a), (b), (d), (j) and (k) of the Admiralty Act, of jurisdiction under ss 9 and 10 of the Admiralty Act, and of the associated jurisdiction in s 12 of the Admiralty Act
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.
27 Jun 2006: Comandate Marine Corp v The Ship "Boomerang I" [2006] FCAFC 106
Emmett, Allsop & Siopis Jjs (234 ALR 169)
ADMIRALTY AND MARITIME JURISDICTION - surrogate arrest under s 19 of the Admiralty Act 1988 - the phrase "the owner" in s 19(b) does not include demise charterer
24 Jun 2006: Comandate Marine Corp v The Ship "Boomerang I" [2006] FCA 859
Allsop J
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…
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.
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
24 May 2006: Scandinavian Bunkering AS v The Bunkers on Board The Ship FV "Taruman" [2006] FCAFC 75
Ryan, Tamberlin, Kiefel JJ (231 ALR 605)
ADMIRALTY AND MARITIME - effect of seizure by the Australian Fisheries Management Authority ("AFMA") of a boat pursuant to s 84(1)(ga) of the Fisheries Management Act 1991 (Cth) ("the FMA") - automatic forfeiture pursuant to s 106A of the FMA of, amongst other things, a foreign boat used in an offence against s 100, s 100A, s 101 or s 101A of the FMA - whether it extends to bunker fuel on board a boat - whether forfeiture of a boat prevails over arrest of bunkers under the…
27 Mar 2006: Broken Bay Slipway Pty Ltd v The Yacht 'Flying Cloud' [2006] FCA 309
Allsop J
10 Mar 2006: Stemcor (A/sia) Pty Ltd v C.V. Scheepvaartonderneming Ankergracht [2006] FCA 313
Emmett J
10 Mar 2006: ASP Ship Management Pty Limited v Administrative Appeals Tribunal [2006] FCAFC 23
Black CJ, Emmett & Allsop JJ (149 FCR 261; 90 ALD 225)
SHIPPING AND NAVIGATION - who is the operator of a ship - proper approach to apply the phrase "operated by" in s 10 of Navigation Act 1912; ADMINISTRATIVE LAW - incorrect question addressed in application of s 10 of the Navigation Act 1912; WORKERS COMPENSATION - proper approach to the application of the Seafarers Rehabilitation and Compensation Act 1992 (Cth) by reference to the application of Part 2 of the Navigation Act through s 10 thereof
27 Feb 2006: Balldale Bay Pty Ltd v The Ship "Fury" [2006] FCA 165
Allsop J
17 Feb 2006: United Salvage Pty Ltd v Louis Dreyfus Armateurs SNC [2006] FCA 116
Tamberlin J
DIRECTIONS - discovery
17 Jan 2006: AWB (Australia) Limited v The Ship MV "Chang Fu Star" [2006] FCA 10
Allsop J
16 Dec 2005: Stemcor (A/sia) Pty Ltd v C.V. Scheepvaartonderneming Ankergracht [2005] FCA 1808
Emmett J
MARITIME JURISDICTION - Shipping - Sea Carriage of Goods - responsibility for corrosion damage to steel coils before or during course of carriage by sea - whether damage due to insufficiency of packaging of steel coils or due to failure by Carrier to exercise due diligence - method by which water entered packaging around steel coils - whether steel coils packaged following usual industry method - whether Carriers followed usual practice - measure of damages.
12 Dec 2005: Braverus Maritime Inc v Port Kembla Coal Terminal Ltd [2005] FCAFC 256
Tamberlin, Mansfield & Allsop JJ (148 FCR 68)
ADMIRALTY AND MARITIME - SHIPPING AND NAVIGATION - compulsory pilotage - construction and interpretation of s 410B of Navigation Act 1912 (Cth) and ss 85 and 86 of the Ports Corporatisation and Waterways management Act 1995 (NSW) - shipowner liable for fault of pilot, though pilot not properly licensed.; TRADE PRACTICES ACT - no reliance by master of ship on conduct of the pilot; CONTRACT - formation - no contract between shipowner and pilotage service provider; TORT -…
19 Sep 2005: Adsteam Harbour Pty Limited v The Registrar of the Australian Register of Ships [2005] FCA 1324
Allsop J
Admiralty and Maritime - rectification of Australian Ship Register - federal jurisdiction - jurisdiction of the Court
15 Aug 2005: Walter Rau Neusser Oel und Fett AG v Cross Pacific Trading Ltd [2005] FCA 1102
Allsop J
Practice and Procedure - stay - operation of International Arbitration Act 1974 (Cth) - approach to construction of arbitration clauses.
12 Aug 2005: Metall Und Rohstoff Shipping v the Owners of Bunkers on Board the ship MV "Genco Leader" [2005] FCAFC 162
Lee, Tamberlin & Allsop JJ
Admiralty and Maritime - arrest - proper construction of s 17 of the Admiralty Act 1988 - no statutory authority to arrest bunkers owned by relevant person when those bunkers were not the property with which the relevant general maritime lien was concerned.
3 Aug 2005: Compagnie Maritime Des Isles V Bureau Veritas-Registre International De Classification De Navires Et D'aeroneufs 'Societe Anonyme A Directoire Et Conseil De Surveillance' [2005] FCA 1063
Kiefel J
26 Jul 2005: OW Bunker and Trading Company Ltd A/S v "Mawashi Al Gasseem" [2005] FCA 1041
Finn J
Admiralty - arrest of ship - claim for payment of bunkers supplied - application for summary judgment - application unopposed.
6 Jun 2005: Ahmad v Mitsui O.S.K. Lines Limited (ARBN 008 311 831) [2005] FCA 731
Emmett J (222 ALR 338)
Maritime Jurisdiction - Shipping - Bills of Lading - cargo shipped in two containers -cargo in first container released without presentation of original Bills of Lading - whether cargo in first container was the subject of conversion because it was released without presentation of the Bills of Lading - cargo not converted, but released erroneously and negligently, giving rise to breach of contract - second container held in storage and not claimed - second container the…
29 Apr 2005: Tisand (Pty) Ltd v The Owners of the Ship MV "Cape Moreton" (ex "Freya") [2005] FCAFC 68
Ryan & Allsop JJ (219 ALR 48; 143 FCR 43)
Admiralty - Arrest - meaning of the phrase 'the owner' in Part III of the Admiralty Act 1998 (Cth) - sale of vessel - completion of sale before the commencement of proceeding but after cause of action arose - vendor being the 'relevant person' remained entered as owner on the Liberian Register - whether the phrase 'the owner' necessarily includes the registered owner irrespective of the terms and state of completion of the underlying transaction - vendor held not to be 'the…
31 Jan 2005: Pan-United Marine Limited v The Ship "Farid F" [2005] FCA 57
Lee J
Admiralty Practice - application for leave to serve writ in rem - whether good reason for leave to be granted.
21 Dec 2004: Stemcor (A/Asia) Pty Ltd v CV Scheepvartonderneming Ankergracht [2004] FCA 1715
Allsop J
21 Dec 2004: Advertising Department Pty Ltd v The Ship "MV PORT PHILLIP" [2004] FCA 1762
Finkelstein J (213 ALR 544; 141 FCR 251)
ADMIRALTY - registration - procured by fraud - grant of mortgage - indefeasibility of title
12 Dec 2004: Safezone Pty Ltd v The Ship "Island Sun" [2004] FCA 1797
Lee J (215 ALR 690)
Admiralty And Maritime - application for arrest of a surrogate vessel pursuant to section 19 of the Admiralty Act 1988 (Cth) - whether it has been established that the "relevant person" is the "owner" of the surrogate vessel under section 19(b) of the Admiralty Act 1988 (Cth).
10 Dec 2004: United Salvage Pty Limited v Oltramare Shipping Co SA [2004] FCA 1751
Allsop J
23 Nov 2004: Blue Scope Steel (AIS) Pty Limited v Panathena Maritime Inc [2004] FCA 1525
Allsop J
ADMIRALTY AND MARITIME - practice and procedure - no point of principle.
24 Sep 2004: Stingray Boats v Denmeade [2004] FCA 1256
Spender J
17 Sep 2004: Port Kembla Coal Terminal Ltd v Braverus Maritime Inc [2004] FCA 1211
Hely J (212 ALR 158; 140 FCR 445)
SHIPPING AND NAVIGATION – compulsory pilotage – negligent navigation by pilot – liability of shipowner for damage caused by collision with berth – pilot employed by port corporation – vicarious liability of shipowner for default of pilot – pilot deemed to be shipowner’s servant by s 410B of Navigation Act 1912 (Cth) and s 85 of the Ports Corporatisation and Waterways Management Act 1995 (NSW) – shipowner vicariously liable for negligence of servant – entitlement to…
15 Sep 2004: Stingray Boats v Denmeade [2004] FCA 1222
Spender J
ADMIRALTY AND MARITIME JURISDICTION - ordinary rules as to priorities - agreement as to order of priority and quantum of payments.
10 Sep 2004: Tisand Pty Ltd v The Owners of the Ship MV "Cape Moreton" (Ex "Freya") [2004] FCA 1191
Allsop J (210 ALR 601; 141 FCR 29)
Admiralty and Maritime Jurisdiction - in rem proceedings under s 17 of the Admiralty Act 1988 (Cth) - challenge to jurisdiction - security for the claims of the plaintiffs provided by p & i club letter conditional upon jurisdiction being established - security for costs sought by defendant in relation to jurisdictional challenge.
10 Aug 2004: El Greco (Australia) Pty Ltd v Mediterranean Shipping Co SA [2004] FCAFC 202
Black CJ, Beaumont and Allsop JJ (209 ALR 448)
ADMIRALTY AND MARITIME LAW - carriage of goods by sea - Hague-Visby Rules - Australian COGSA Art 3 Rules 3, 4 and 8 - method for assessing value of cargo - where no 'commodity exchange price' or 'current market price' - where 'normal value' of goods at destination not determined.; ADMIRALTY AND MARITIME LAW - limitation of liability - bill of lading - how to treat posters and prints enumerated as 'pieces' - whether an enumeration of packages or units - whether contractual…
23 Jul 2004: Alkimos Shipping Company v Hind Lever Chemicals Corporation Limited [2004] FCA 969
Allsop J
ADMIRALTY AND MARITIME JURISDICTION - leave to serve outside Australia - anti-suit injunction - sought on the basis of incorporation of charterparty Brisbane arbitration clause into Congenbill of lading
21 Jul 2004: Daeyang Shipping Co Ltd v U-Ming Marine Transport (Hong Kong) Ltd [2004] FCA 991
Allsop J
ADMIRALTY AND MARITIME JURISDICTION - order for preliminary discovery - limitations to be ordered on use.
30 Jun 2004: Incitec Ltd v Alkimos Shipping Corporation [2004] FCA 839
Allsop J
ADMIRALTY AND MARITIME - practice and procedure - costs ;
30 Jun 2004: Tiezone Pty Ltd v Schenker Stinnes Logistics [2004] FCA 847
Allsop J
ADMIRALTY AND MARITIME - practice and procedure - delay in service using diplomatic channels - alternative method of service ordered.
11 Jun 2004: Tisand Pty Ltd v MV Cape Moreton [2004] FCA 752
Allsop J
ADMIRALTY AND MARITIME - ADMIRALTY PRACTICE AND PROCEDURE - release of ship under Admiralty Rules rule 52 - costs - use of p & i club undertaking conditional on arresting party satisfying the criteria within ss 17, 18 or 19 of the Admiralty Act 1988 (Cth) in due course.
11 Jun 2004: CMC (Australia) Pty Ltd v Austral Asia Line B.V. [2004] FCA 765
Allsop J
3 Jun 2004: Incitec Ltd v Alkimos Shipping Corporation [2004] FCA 698
Allsop J (206 ALR 558; 138 FCR 496)
ADMIRALTY AND MARITIME JURISDICTION - PRACTICE AND PROCEDURE - exclusive jurisdiction clause - multi-party litigation - circumstances where cross-claim will be allowed to be filed and served and not stayed in the face of an exclusive jurisdiction clause - importance of not fostering duplication in court proceedings - importance of avoiding potential risk of inconvenience to third parties.
10 May 2004: Alstom Power v Polar Circle A.S. [2004] FCA 607
Allsop J
ADMIRALTY AND MARITIME - practice and procedure - service ex juris
28 Apr 2004: Soufflet Beheer v AWB Limited [2004] FCA 518
Kenny J
PRACTICE AND PROCEDURE - whether orders should be made to determine certain separate and preliminary questions - insufficiency of factual foundation - orders refused
30 Mar 2004: McConaghy Pty Ltd v The Yacht "Ragamuffin" [2004] FCA 433
Allsop J
23 Mar 2004: Incitec Ltd v Alkimos Shipping Corporation [2004] FCA 348
Allsop J
ADMIRALTY - procedure - service ex juris
11 Feb 2004: Pan United Shipyard Pty Ltd v The Ship "Rodolfo Mata" [2004] FCA 117
Lee J
Admiralty Practice - application for leave to serve writ in rem - whether good reason for leave to be granted - where no opportunity to effect service on ship or surrogate vessel
21 Nov 2003: Bajpayee & Ors v The Ship "Estancia" [2003] FCA 1640
Lee J
ADMIRALTY AND MARITIME - application of proceeds of sale of arrested vessel - lien for unpaid wages - whether a component of wages may be given priority over other part thereof - whether just and equitable to provide priority for payment of ordinary wages over payment of provident fund contributions
20 Oct 2003: Stingray Boats v Denmeade [2003] FCA 1172
Spender J
APPEALS - application pending for special leave - where application for stay to preserve subject matter - where prospects of success a determinative fact
5 Sep 2003: Denmeade v Stingray Boats [2003] FCAFC 215
Whitlam, Kiefel, Dowsett JJ
ADMIRALTY - claim in respect of construction of a boat; CONTRACT - whether all work was performed under the original contract - whether there was an agreement as to amount owing for 'extras' - whether promise to pay for 'extras' was made under economic duress.
13 Jun 2003: El Greco (Australia) Pty Ltd v Mediterranean Shipping Company SA [2003] FCA 588
Kiefel J
SHIPPING - Carrier's liability - whether the carrier is responsible for loss and damage to cargo - whether the damage to the goods occurred at sea - the applicant's right to sue for the loss and damage - the method for assessing loss and damage to cargo - whether the sea-carriage document contains an enumeration of all items of the cargo as a 'unit' - whether the relevant 'package or unit' is the container itself
30 May 2003: Fortis Bank (Nederland) N.V v "MSC Sumatra" [2003] FCA 524
Lee J
ADMIRALTY - arrest of ship on time charter - whether property in bunkers retained by charterer - whether property in reefer spare parts retained by charterer - whether bunkers and provisions consumed subsequent to arrest are an expense of the Marshal
16 May 2003: Kent v The Vessel "Maria Luisa" as Surrogate for the Vessels "Monika" and "Boston Bay" [2003] FCAFC 93
Moore, Tamberlin & Hely JJ
ADMIRALTY - appeal from single Judge setting aside application for want of jurisdiction - appellant sustained injury while employed as a diver on vessel owned by Australian Fishing Enterprises Pty Ltd ("AFE") - in rem proceedings against surrogate vessel ("Maria Luisa") - registered owner of surrogate vessel ("Everdene") sought dismissal of application - Everdene is trustee of Maria Luisa Unit Trust - "Maria Luisa" an asset of Unit Trust - AFE held all shares in Everdene and …
16 May 2003: Tomen Australia Ltd v CV Scheepvaartonderneming Edisongracht [2003] FCA 479
Moore J
26 Mar 2003: Tiezone Pty Ltd v Schenker Stinnes Logistics [2003] FCA 281
Allsop J
Carriage of goods - service ex juris
14 Feb 2003: Stingray Boats v Denmeade [2003] FCA 83
Spender J
ADMIRALTY - claim in respect of construction of a ship; CONTRACT - whether there was agreement as to amount owing for "extras" - whether promise to pay given under duress
29 Nov 2002: Western Bulk Carriers (Australia) Pty Ltd v Cosco Bulk Carrier Co Ltd [2002] FCA 1520
Beaumont J
ADMIRALTY - PRACTICE & PROCEDURE - application for preliminary discovery under O 15A Federal Court Rules - where reasonable cause to believe that cranes on vessel not fit for purpose - where potential claim for recovery of economic loss - application for access to vessel to inspect cranes and related documentation ; PRACTICE & PROCEDURE - motion to set aside service outside jurisdiction - where alleged that no prima facie case
21 Nov 2002: Stingray Boats v Denmeade [2002] FCA 1446
Spender J
ADMIRALTY – objection to jurisdiction – whether claim “is in respect of the construction of a ship” – whether writ is properly brought in Admiralty
14 Nov 2002: Watson v Speed Boat "Sneaky Bits" [2002] FCA 1437
Beaumont J
ADMIRALTY - application for arrest of ship under Admiralty Act 1988 (Cth) - where ship arrested pursuant to Federal Court warrant - application for transfer of proceedings to Supreme Court of Queensland where order of that court in relation to sale of vessel already in operation.
19 Sep 2002: News Maritime Co Ltd v 'Hyundai Cosmos' [2002] FCA 1164
Tamberlin J (121 FCR 77)
ADMIRALTY - ship arrested by Marshal at Port Gladstone - vessel loaded with cargo at the port of Newcastle - further cargo of coal to be loaded at Port Gladstone - application to move arrested vessel to enable loading of coal cargo at Port Gladstone - application to move and load vessel opposed - consideration of whether appropriate to move vessel to berth and permit loading - whether Court should permit movement and loading of vessel under arrest
13 Sep 2002: Kent v SS "Maria Luisa" [2002] FCA 1207
Beaumont J
ADMIRALTY - jurisdiction - application to set aside principal proceedings for want of jurisdiction - vessel "Maria Luisa" arrested as surrogate for "Monika" and "Boston Bay" - whether "owner" in s19(b) of Admiralty Act 1988 includes demise charterer.
31 May 2002: Christoforidis v Cygnet Bulk Carriers SA [2002] FCA 690
Tamberlin J (122 FCR 1)
ADMIRALTY - collision between two vessels - application seeking damages - maritime safety investigation into circumstances of collision - subpoena for production of documents and records relating to report produced by the Australian Transport Safety Bureau - privilege claimed on basis that the Navigation (Marine Casualty) Regulations 1990 (Cth) generally prohibit such disclosure and on basis of public interest immunity - privilege - disclosure - whether regulations prevent…
7 May 2002: Kent v SS 'Maria Luisa' [2002] FCA 629
Beaumont J
PRACTICE & PROCEDURE - discovery.
12 Apr 2002: Westrac Equipment Pty Ltd v "Assets Venture" [2002] FCA 440
Lee J (192 ALR 277)
ADMIRALTY - loss of cargo - whether carrier took reasonable care in stowage of cargo - whether breach of implied term of contract - appropriate measure of damages BAILMENT - sub-(or quasi) bailment - duties of bailee and sub-bailee - liability of bailee for breach of duty by sub-bailee
19 Mar 2002: Banwell v Ship 'The Sydney Sunset' [2002] FCA 271
Tamberlin J
PRACTICE AND PROCEDURE - whether order was interlocutory - whether Registrar erred in proceeding to taxation - whether taxation of a bill of costs should be set aside - whether order for costs should be amended - whether solicitor acting for one or two parties
19 Oct 2001: Graham Bailey Pty Limited v The Owners of MV Beadon 2001 FCA 1537
Mansfield J
12 Oct 2001: CGU Insurance Limited v Malaysia International Shipping Corporation Berhad [2001] FCA 1223
Tamberlin J (187 ALR 279)
ORDERS - whether discovery order should be set aside - liberty to apply - interests of justice - discretion - preliminary discovery order made on application in extreme urgency DISCOVERY - preliminary discovery - whether to commence proceedings - salvage - general average - cargo claims - vessel grounded on Great Barrier Reef - application for inspection of vessel - removal of documents from the vessel - application for discovery of documents - whether all reasonable…
3 Aug 2001: Banwell v Ship The Sydney Sunset [2001] FCA 1039
Tamberlin J
27 Jul 2001: The Ship Socofl Stream v CMC (Australia) Pty Ltd (ACN 002 007 427) [2001] FCA 961
Ryan, Tamberlin & Conti JJ
ADMIRALTY - Shipping and Navigation - Bills of lading - Sea carriage of goods - Charterparties - Vessel demised by disponent owner to charterer - Disponent owner giving notice of default in payment of charter hire and calling on charterer to forthwith re-deliver the vessel at a safe port to be nominated by disponent owner - Vessel subsequently taking on cargoes in Singapore and Malaysia from plaintiff for which bills of lading issued and signed as agents for and on behalf of …
10 Apr 2001: Vilona v The Ship Alnilam [2001] FCA 411
Hely J
ADMIRALTY - application for the release of a vessel from arrest - right to proceed in rem against a surrogate ship limited to general maritime claims - whether the plaintiffs claim should be summarily dismissed
13 Mar 2001: Smithers v Lokys [2001] FCA 239
Tamberlin J (108 FCR 303)
PRACTICE AND PROCEDURE - Maritime claim - whether proceedings should be transferred to the Supreme Court of New South Wales - where the Supreme Court proceedings relate to damages for personal injury resulting from a collision - where the plaintiff instituted separate proceedings in the Federal Court to limit its liability resulting from the collision
9 Mar 2001: Banwell v The Ship The Sydney Sunset [2001] FCA 210
Tamberlin J
MARITIME LAW - application for the release of a vessel from arrest - whether monies owed constituted a general maritime claim - where some of the monies were paid by the plaintiff in relation to slippage, renovations and repairs, registration and insurance of the vessel - where some monies paid by the plaintiff were in relation to the purchase of the vessel MARITIME LAW - application for the release of a vessel from arrest - whether the debtor was the demise charter of the…
27 Nov 2000: Ocean Marine Mututal Insurance Association (Europe OV) and Jetopay Pty Ltd [2000] FCA 1463
Black, Cooper & Emmett JJ (120 FCR 146)
ADMIRALTY - marine insurance - claim in respect of damage to engine of fishing vessel - whether policy-holder indemnified by policy in respect of damage - whether damage caused by negligence of repairers EVIDENCE - opinion - expert reports - whether admissible - where no explicit evidence as to training, study or experience of authors of reports - whether pursuant to the Evidence Act 1995 (Cth), s 183 inferences may be drawn from contents of report as to the specialised…
24 Nov 2000: Patrick Stevedores No 2 Pty Ltd v Procedures of MV "Skulptors Konenkov" [2000 FCA 1710]
Tamberlin J
COSTS - costs of the Admiralty Marshal - whether the Marshal's costs should be paid on an indemnity basis - whether Schedule 2 of the Federal Court Rules regulates the quantum of an indemnity cost order in favour of the Marshal COSTS - variation of a taxation order - whether an order that the Marshal's costs be taxed should be varied and replaced with an award of a gross sum PROCEDURE - power of a single Judge to vary an order of the Full Court - whether a single Judge has…
24 Nov 2000: CMC (Australia) Pty Ltd v "Socofl Stream" [2000] FCA 1681
Moore J
ADMIRALTY - action in rem against demise charterer of vessel brought by owner of cargo - bills of lading - whether bills gave rise to contract of carriage or were mere receipts - apparent or ostensible authority - agency by estoppel - whether defendant bound under bills of lading as carrier - whether master of vessel had apparent or ostensible authority to bind defendant - where master not employed by defendant - where defendant purported to terminate charterparty with…
23 Jun 2000: Maritime Union of Australia v Honourable John Anderson [2000] FCA 850
Kenny J (98 IR 421; 175 ALR 411; 100 FCR 58; 61 ALD 675)
MARITIME LAW – Shipping – single voyage permit – unlicensed vessel – grant of permits to unlicensed vessels to transport fertiliser challenged by labour organisations – whether licensed vessel “available for the service” under s 286(1) of Navigation Act 1912 – where licensed vessel could not carry full cargo and could not meet shipper’s timetable – permits not improperly granted ADMINISTRATIVE LAW – natural justice – procedural fairness – right to be heard – whether labour…
18 May 2000: Seereederei Barco Liner GmbH v "Al Aliyu" [2000] FCA 656
Tamberlin J
ADMIRALTY - motion to stay proceedings in favour of proceedings not yet commenced in a different jurisdiction - collision in Conakry, Guinea - sinking of barge - vessel arrested in Australia - whether Federal Court of Australia is a clearly inappropriate forum to determine the dispute - relevance of criticisms of another jurisdiction's ability to fairly and impartially determine the dispute - weight to be given to such criticisms made by an advocate in that jurisdiction -…
18 May 2000: Hi-Fert Pty Ltd v Kiukiang Maritime Carriers Inc [2000] FCA 660
Tamberlin J (173 ALR 263)
12 May 2000: Kalymnian Shipping Pte Ltd v Rose [2000] FCA 614
Finn J (61 ALD 668)
APPLICATION FOR AN EXTENSION OF TIME - application for an order of review made outside time period prescribed by the Administrative Decisions (Judicial Review) Act 1977 (Cth) - whether time for making such application should be extended. ADMINISTRATIVE LAW - validity of an Australian Certificate for the Carriage of Livestock ("ACCL") - express power to modify provisions of Marine Orders Part 43 - provision for an ACCL to be valid for a period of 5 years subject to annual…
19 Apr 2000: Opal Maritime Agencies Pty Ltd v "Skulptor Konenkov" [2000] FCA 507
Black CJ, Cooper & Finkelstein JJ (172 ALR 481; 98 FCR 519)
ADMIRALTY - General maritime claim - consideration of the requirements to claim on the proceeds of sale fund - whether claims against the proceeds of sale must be "in rem" claims - whether in the circumstances of this case, agency commission or agency fees came within a general maritime claim - specifically consideration of agency commission or agency fees as disbursements or in respect of goods and materials or services - discussion of disbursements made on behalf of a ship …
9 Mar 2000: Den Norske Bank (Luxembourg) SA v "Martha II" [2000] FCA 241
Tamberlin J
ADMIRALTY - Marshal's costs and expenses - insurance - whether commercial insurance is a cost and expense of the arrest -admiralty practice in relation to insurance PROCEDURE - jurisdiction to vary an order - discretion - order entered three years ago - merits of the substantive application poor