Thasos Shipping Agency Co Ltd v The Owners of the Ship [1998] FCA 520

FEDERAL COURT OF AUSTRALIA COSTS - Admiralty - application for security for costs in respect of challenge to jurisdiction - effect of a conditional appearance - whether unconditional appearance is a necessary prerequisite for seeking security for costs - distinction between offensive and defensive procedural steps - substance verses form of application - whether application for security for costs by a party is a waiver of conditional appearance - whether there had been a submission to court's jurisdiction - determination of amount - judicial discretion - otherwise unfettered.

Federal Court Act (1976) (Cth), s 56(2) Federal Court Rules O 9 r 6(2), r 7 The Admiralty Rules r 6(1), r 52(1) . Caltex Oil (Australia) Pty Limited v The Dredge "Willemstad" (1977) 136 CLR 529, cited Waitemata Stevedoring Services Limited v the Ship MV "Rangitata" and Ecomar-Schiffarts GMBH Co KG (unreported, judgment no 386/1998, 7 April 1998), cited Interwest Ltd v Tricontinental Corporation Ltd (1991) 5 ACSR 621, followed The Owners of the Ship "Shin Kobe Maru" v Empire Shipping Co Inc (1994) 181 CLR 404, followed THASOS SHIPPING AGENCY CO LIMITED v THE OWNERS OF THE SHIP "BALAKLEYA" NG 979 OF 1997 TAMBERLIN J SYDNEY 15 MAY 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 979 of 1997

in admiralty

BETWEEN: THASOS SHIPPING AGENCY CO LIMITED

plaintiff

AND: THE OWNERS OF THE SHIP "BALAKLEYA"

defendant

JUDGE: TAMBERLIN J

DATE OF ORDER: 15 MAY 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The proceedings be stayed until the plaintiff provides security in relation to the jurisdictional question in the sum of $30,000 in a form to the reasonable satisfaction to Clifton Navigation SA. 2. The plaintiff pay the costs of this application. 3. Liberty be reserved to any interested party to apply on 24 hours notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.