Patrick Stevedoring No 2 Pty Ltd v Turakina Waitemata Stevedoring Services Ltd v Rangitata & Ors [1998] FCA 457

FEDERAL COURT OF AUSTRALIA ADMIRALTY - arrested vessel - responsibility of Marshal to Master and crew - whether Marshal should direct arresting party or its solicitor to pay post arrest wages of Master and crew - whether wages claimed by Master and crew, if paid by Marshal, are an expense of the Marshal in relation to the arrest - no assumption by Marshal of employer's responsibility for wages of Master and crew - functions and responsibilities of the office of the Admiralty Marshal in relation to vessels under arrest - extent of the maritime lien in respect of unpaid wages - whether cost of repatriation of the Master and crew to their home port can be described as an expense of the Marshal in relation to the arrest - nexus required between expenses and duties of the Marshal in relation to the safe custody and preservation of an arrested vessel. Admiralty Act 1988 (Cth) Admiralty Rules rr 41, 47, 48, 49, 50, 75 and 78 Pritchards' Digest of Admiralty and Maritime Law, 3rd edn 1887 F L Wiswall Jr, The Development of Admiralty Jurisdiction Practice Since 1800 "The Hoop" [1801] 4 C Rob 145, cited Bayside Air Conditioning Pty Ltd v The Owners of the Ship "Cape Don" (unreported 15 May 1997), followed Thomas, Maritime Liens, 1980 The Westport (No 4) (1968) 2 Lloyd's Rep 559, followed United States Trust Company of New York v Master and Crew of the Ship "Ionian Mariner" (1997) 149 ALR, followed Jackson, Enforcement of Maritime Claims, 2nd edn "The Mogileff" [1921] 7 Ll L Rep 130, cited "The General Serret" [1925] 23 Ll L Rep 14, cited and applied "The Berostar" [1970] 2 Lloyd's Rep 403, cited "The Vasilia" [1972] 1 Lloyd's Rep 51, cited Clausen v The Ship "Om Alqora" (1985) 38 SASR 494, followed "The Leoborg" (No 2) [1964] 1 Lloyd's Rep 380, followed Smith v Federal Commissioner of Taxation (1987) 164 CLR 513, followed PATRICK STEVEDORES NO 2 PTY LTD -v- TURAKINA NG 114 OF 1998 AND WAITEMATA STEVEDORING SERVICES LTD -v- RANGITATA, ECOMAR-SCHIFFARHTS & CO KG AND MASTER AND CREW LATELY EMPLOYED UPON THE SHIP RANGITATA NG 115 OF 1998 TAMBERLIN J SYDNEY 5 MAY 1998