CMC (Australia) v The Ship [1999] FCA 1419

FEDERAL COURT OF AUSTRALIA

CMC (Australia) v "Socofl Stream" [1999] FCA 1419

ADMIRALTY - application to strike out proceedings for want of jurisdiction - whether a person nominated as a "relevant person" in relation to a maritime claim was such a person so as to found a right to proceed in the Court in rem under s 18 Admiralty Act 1988 (Cth) - issue of whether a nominated person was a demise charterer at the date proceedings were commenced in the Court - question of whether relevant demise charterparty agreement had been terminated prior to that date - meaning of "person who would be liable" in the definition of "relevant person" under the Act - effect of filing an unconditional appearance in the proceedings and whether it amounts to submitting to the Court's jurisdiction. WORDS & PHRASES - "relevant person" - "demise charterer". Admiralty Act 1988 (Cth) ss 3, 4, 18 Admiralty Rules r 23(2) Federal Court Rules O 9 r 7

Owners of the "Iran Amanat" v KMP Coastal Oil Pte Ltd (1999) 161 ALR 434, considered Owners of the Ship "Shin Kobe Maru" v Empire Shipping Company Inc (1994) 181 CLR 404, considered Patrick Stevedores No 2 Pty Ltd v MV "Turakina" (1998) 154 ALR 666, considered The "Guiseppe di Vittorio [1998] 1 Lloyd's Rep 136, considered Baumvoll Manufactur von Scheibler v Gilchrest [1892] 1 QB 253, considered Baumvoll Manufactur von Scheibler v Gilchrest [1893] AC 8, considered Kaleej International Pty Ltd v Gulf Shipping Lines Ltd (1986) 6 NSWLR 569, considered The "St Elefterio" [1957] P 179, considered Ocean Industries Pty Ltd v Owners of the Ship MV "Steven C" [1994] 1 Qd R 69, considered Robinson v Kuwait Liaison Office (1997) 145 ALR 68, considered

CMC (AUSTRALIA) PTY LTD v THE SHIP "SOCOFL STREAM" N 80 of 1999 MOORE J

18 OCTOBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA