Admiralty & Maritime Links - Recent Cases
Admiralty & Maritime Links - Recent Cases
Lists cases published in the last 6 months
- Australia - Federal Court
- Canada
- Eastern Caribbean Supreme Court
- India
- New Zealand
- Singapore
- South Africa
- United Kingdom
Australia - Federal Court
8 Sep 2023: Poralu Marine Australia Pty Ltd v MV Dijksgracht [2023] FCAFC 147
CONTRACTS - contract of carriage of goods by sea - formation - whether contract was concluded by way of fixture recap email - construction of recap emails - where recap provided that terms were otherwise as per carrier's standard form booking note and bill of lading including rider clauses but with English law and London arbitration - whether parties intended further terms to be agreed - whether contract was concluded by later return of completed booking note - where sea…
4 Sep 2023: Delta Corp Ship Management DMCCO v The Ship "Caledonian Sky" [2023] FCA 1058
ADMIRALTY - application by plaintiff to Registrar for release of vessel under arrest - caveats against release previously filed - whether vessel should be released from arrest - role of caveats against release - whether release should be delayed to protect interest of caveator - release of vessel ordered
4 Aug 2023: GeelongPort Pty Limited v The Ship "Voyager P" [2023] FCA 918
ADMIRALTY - application for judicial sale of ship pendente lite - application for order to move ship under arrest - ship abandoned - orders made
26 May 2023: Bank of New Zealand (Security Trustee) v The vessel MY "Island Escape" (No 3) [2023] FCA 541
ADMIRALTY - action in rem under s 16 of the Admiralty Act 1988 (Cth) - claim relating to mortgage of a ship and interest in respect of it under ss 4(2)(a)(iii) and (d) of the Act - no appearance filed by chip or relevant persons - application for summary judgment - ex parte hearing - choice of law - no reasonable possibility of defence to claim - application for determination of priorities - notice to potential claimants - Form 28 of the Admiralty Rules 1988 (Cth)
12 May 2023: Brontes Security LLC v "Lihir Chief" (formerly "Charlie B") (No 2) [2023] FCA 515
PRACTICE AND PROCEDURE - application by non-party to restrain party's solicitors from acting and to set aside earlier orders releasing party from implied undertaking not to disclose information or documents produced under compulsion - where party making application did not produce documents subject of order releasing undertaking - where proceeding at an end - where no likely utility in restraining solicitors - Held: application dismissed.
4 May 2023: Sealanes (1985) Pty Ltd v Vessel MY "Island Escape" [2023] FCA 414
ADMIRALTY - in rem proceedings against defendant ship - general maritime claim - supply of goods or materials to the ship for its operation or maintenance - demise charterer - no appearance entered - no participation in proceedings - summary judgment - default judgment - principles applicable where summary judgment and default judgment both available -
Eastern Caribbean Supreme Court
N/A
India
N/A
New Zealand
N/A
South Africa
19 July 2023: De Beers Marine (Pty) Ltd v Harry Dilley (Pty) Ltd [2023] ZASCA 110
22 June 2023: Freedom Under Law v Judicial Service Commission and Another [2023] ZASCA 103
United Kingdom
21 July 2023: Technip Saudi Arabia Ltd v Mediterranean and Gulf Cooperative Insurance and Reinsurance Co [2023] EWHC 1859
26 May 2023: Rhine Shipping DMCC v Vitol SA [2023] EWHC 1265 (Comm)
24 May 2023: FIMBank PLC v KCH Shipping Co Ltd [2023] EWCA Civ 569
15 May 2023: Mitsui & Co (USA) Inc v Asia-Potash International Investment (Guangzhou) Co Ltd [2023] EWHC 1119 (Comm)
25 April 2023: Emirates Shipping Line DMCEST v Gold Star Line Ltd [2023] EWHC 880
24 February 2023: Pan Ocean Co Ltd v Daelim Corporation [2023] EWHC 391
17 February 2023: FMG Hong Kong Shipping Ltd, the Demise Charterers of FMG Sydney v The Owners of the MSC Apollo [2023] EWHC 328