Shagang Shipping Co Ltd v Ship 'BULK PEACE' as surrogate for the Ship 'DONG-A ASTREA' [2014] FCAFC 48

FEDERAL COURT OF AUSTRALIA

Shagang Shipping Co Ltd v Ship 'BULK PEACE' as surrogate for the Ship 'DONG-A ASTREA' [2014] FCAFC 48 Citation: Shagang Shipping Co Ltd v Ship 'BULK PEACE' as surrogate for the Ship 'DONG-A ASTREA' [2014] FCAFC 48

Parties: SHAGANG SHIPPING CO LTD v THE SHIP 'BULK PEACE' AS SURROGATE FOR THE SHIP 'DONG-A ASTREA'

File number: WAD 62 of 2014

Judges: ALLSOP CJ, RARES AND MCKERRACHER JJ

Date of judgment: 22 March 2014

Addendum: 24 April 2014

Catchwords: 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 under ss 19(a) and 19(b) of the Admiralty Act 1988 (Cth) to enliven the jurisdiction of the Court – whether adjournment should be granted for further investigations

Legislation: Admiralty Act 1988 (Cth)

Cases cited: Bremerhaven v 'Zoya Kosmodemyankskaya' (1997) 79 FCR 71 referred to Chimbusco Pan National Petro-Chemical Co Limited v The Owners and/or Demised Charterers of the Ship or Vessel 'Decurion' [2013] HKCA 180; [2013] 2 Lloyd's Rep 407 applied Euroceanica (UK) Ltd v The Ship Gem of Safaga (2009) 182 FCR 1 referred to Ho v Akai Pty Limited (In Liq) (2006) 24 ACLC 1526 applied Kent v SS 'Maria Luisa' (No 2) (2003) 130 FCR 12 considered Kinsela & Anor v Russell Kinsela Pty Ltd (in liq) (1986) 10 ACLR 395 referred to Medway Drydock and Engineering Co v Owners of the MV Andrea Ursula (The Andrea Ursula) [1973] QB 265; [1971] Lloyd's Rep 145 referred to Salomon v A Salomon & Co Ltd [1897] AC 22 referred to The Bell Group Ltd v Westpac Banking Corporation (No 9) [2008] WASC 239 referred to The Owners of the Ship 'Shin Kobe Maru' v Empire Shipping Company Inc. (1994) 181 CLR 404 - mentioned The Ship 'Gem of Safaga' v Euroceanica (UK) Ltd (2010) 182 FCR 27 referred to The Ship 'Hako Endeavour' v Programmed Total Marine Services Pty Ltd (2013) 211 FCR 369 referred to Tisand Pty Ltd v Owners of the Ship 'Cape Moreton' (ex 'Freya') (2005) 143 FCR 43 considered