ASP Ship Management Pty Limited v Administrative Appeals Tribunal [2006] FCAFC 23

FEDERAL COURT OF AUSTRALIA

ASP Ship Management Pty Limited v Administrative Appeals Tribunal [2006] FCAFC 23 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. Judiciary Act 1903 (Cth) s 39B Merchant Shipping Act 1894 (UK) Navigation Act 1912 (Cth) Navigation Amendment Act 1979 (Cth) Seafarers Rehabilitation and Compensation Act 1992 (Cth) Shipping Registration Act 1981 (Cth) Australasian United Steamship Navigation Co Ltd v Shipping Control Board (1945) 71 CLR 508 applied Baumwoll Manufactur Von Scheibler v Christopher Furness [1893] AC 8 applied Behnke v Bede Shipping Co Ltd [1927] 1 KB 649 referred to Braverus Maritime Inc v Port Kembla Coal Terminal [2005] FCAFC 246 referred CMA CGM SA v Classica Shipping Co Ltd [2003] 2 Lloyd's Rep 50 referred to CMA CGM v Classica [2004] 1 Lloyd's Rep 460 referred to Colvin v Newberry (1832) 1 Cl & F 283; 6 ER 923 applied Director General of Social Security v Chaney (1980) 47 FLR 80 referred to Frost v Warner (2002) 209 CLR 509 cited McDermid v Nash Dredging Ltd [1986] 1 QB 965 referred to McLellan v Gumm (1866-67) LR 2 Ch App 290 referred to Sandeman v Scurr (1866) LR 2 QB 86 applied The 'Berge Tasta' [1975] 1 Lloyd's Rep 422 referred to The 'Gregos' [1993] 2 Lloyd's Rep 335; [1995] 1 Lloyd's Rep 1 followed The 'Guiseppe Vittorio' [1998] 1 Lloyd's Rep 136 applied The 'Hill Harmony' [2001] 1 AC 638 referred to The 'Peonia' [1991] 1 Lloyd's Rep 100 referred to United States v Cornell Steamboat Co 267 US 281 (1925) applied United States v Shea 152 US 178 (1894) applied 1924 Convention for the Unification of Certain Rules relating to the Limitation of Liability of Owners of Seagoing Vessels 1957 International Convention relating to the Limitation of the Liability of Owners of Seagoing Ships 1976 Limitation of Liability for Maritime Claims Convention Brodie's Dictionary of Shipping Terms (4th Ed) ISM Code: A Practical Guide to the Legal and Insurance Implications (London, Lloyd's 1998) Sullivan's Marine Encyclopaedic Dictionary (6th Ed) Sullivan's Marine Encyclopaedic Dictionary (2nd Ed) ASP SHIP MANAGEMENT PTY LIMITED v ADMINISTRATIVE APPEALS TRIBUNAL