Bayside Air Conditioning Pty Ltd v The Owners of the Ship 'Cape Don' [1997] FCA 790

GENERAL .DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA ) ) IN ADMIRALTY ) QG 27 of 1997 ) QUEENSLAND DISTRICT REGISTRY )

BETWEEN: BAYSIDE AIR CONDITIONING PTY LTD Plaintiff

AND: THE OWNERS OF THE SHIP 'CAPE DON' Defendant

JUDGE: Cooper J PLACE: Brisbane DATE: 15 August 1997 MINUTES OF ORDER THE COURT ORDERS THAT: 1. Bain Gasteen Solicitors have leave to withdraw and to file a notice of change specifying the new address for service of the plaintiff which address, in default of the plaintiff supplying to Bain Gasteen a new address, will be the address of the registered office of the plaintiff. 2. Bain Gasteen be released from its undertaking to pay on demand to the Marshal the Marshal's costs and expenses of maintaining the ship 'Cape Don' under arrest, being such costs and expenses incurred by maintaining the said ship under arrest from and after 12 midday on 19 August 1997 but otherwise the said solicitors to remain liable on their undertaking for all costs and expenses of the Marshal of and maintaining the ship under arrest until 12 midday on 19 August 1997. 3. The plaintiff pay the costs of Bain Gasteen, Martaban Ltd, and the Marshal of and incidental to their appearance on 7 and 12 August 1997 for directions and of and incidental to the notice of motion of Bain Gasteen. 4. The parties to have liberty to tax forthwith on an indemnity basis the costs referred to in paragraph 3 above and to enforce payment of the same forthwith. AND THE COURT DIRECTS THAT :- 5. In the absence of a written undertaking to the Court by a solicitor practising within the jurisdiction to pay upon demand the Marshal's costs and expenses of maintaining the ship under arrest, or alternatively, the plaintiff providing some form of security for such costs and expenses satisfactory to the Marshal, the ship be released from arrest at 12 midday on 19 August 1997. 6. In the event that the vessel is released from arrest at 12 midday on 19 August 1997, vacate the order of 15 May 1997 directing the Marshal to sell the ship and to pay the net proceeds of sale into Court. 7. The Marshal forthwith make demand of the plaintiff whether as an interim demand or as a final demand upon its undertaking for payment forthwith of the costs and expenses of the valuation and sale undertaken by the Marshal in consequence of the order made on the plaintiff's application for such an order. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.