Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ADMIRALTY - sale of vessel pursuant to order for appraisement and sale - claims in rem against fund representing the proceeds of sale - previously determined that payments received in return for release of surrogate vessels from arrest and from the proceeds of sale of surrogate vessels could only be allocated to reduction of the plaintiff's in rem claim - whether legal costs incurred by plaintiff in recovering those payments could be recovered against the fund. Admiralty Act 1988 (Cth), ss 4(2), 19 Federal court of Australia Act 1976 (Cth), s 43 The "Kalamazoo" (1851) 15 Jur 885, cited The "Wild Ranger" (1863) Br & L 84, 167 ER 310, cited The "Christianborg" (1885) 10 PD 141, cited The "Duchesse de Brabant" (1857) Swab 264; 166 ER 1129, cited The "Gay Toucan" [1968] 3 All ER 819, cited The "Cap Bon" [1967] 1 Lloyd's Rep 543, cited
MORLINES MARITIME AGENCY LIMITED v THE SHIP "SKULPTOR VUCHETICH" NG 730 of 1995 TAMBERLIN J SYDNEY 26 SEPTEMBER 1997
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 730 of 1995
IN ADMIRALTY
BETWEEN: MORLINES MARITIME AGENCY LIMITED
plaintiff
AND: THE SHIP "SKULPTOR VUCHETICH"
defendant
JUDGE: TAMBERLIN J
DATE OF ORDER: 26 SEPTEMBER 1997
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: The defendant pay the costs of the proceedings of Morlines Maritime Agency Limited in the sum of AUD$40,000 from the fund retained for costs pursuant to order 11 of 22 May 1997. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 730 of 1995
IN ADMIRALTY
BETWEEN: MORLINES MARITIME AGENCY LIMITED
PLAINTIFF
AND: THE SHIP "SKULPTOR VUCHETICH"
DEFENDANT
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