Vilona v The Ship Alnilam [2001] FCA 411

FEDERAL COURT OF AUSTRALIA Vilona v The Ship "Alnilam" [2001] FCA 411

ADMIRALTY ─ application for the release of a vessel from arrest – right to proceed in rem against a surrogate ship limited to "general maritime claims" – whether the plaintiff's claim should be summarily dismissed Admiralty Act 1988 (Cth) ss 4(2)(a), 16, 19 Admiralty Rules 1988 (Cth) r 19, r 18

Malaysia Shipyard and Engineering v The Iron Shortland (1995) 59 FCR 535 cited Laemthong International Lines Co Ltd as owners of the Ship Laemthong Pride v BPS Shipping Ltd (1997) 190 CLR 181 cited The Owners of the Ship "Shin Kobe Maru" v Empire Shipping Company Inc (1994) 181 CLR 404 cited KMP Coastal Oil Pty Ltd v The Owners of Motor Vessel "Iran Amanat" (1997) 75 FCR 78 referred to The Turiddu [1998] 2 Lloyds Rep 278 referred to General Steel Industries Ltd v Commissioner for Railways (1964) 112 CLR 125 cited The A P J Shalin [1991] 2 Lloyds Rep 62 cited Lloyd Werft Bremerhaven GmbH v Owners of Ship Zoya Kosmodemyanskaya referred to MAURIZIO VILONA v THE SHIP "ALNILAM" N 323 OF 2001 HELY J 10 APRIL 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 323 OF 2001

IN ADMIRALTY

BETWEEN: MAURIZIO VILONA

PLAINTIFF

AND: THE SHIP "ALNILAM"

DEFENDANT

JUDGE: HELY J

DATE OF ORDER: 10 APRIL 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The ship "Alnilam" be released from arrest, and that notice of the release be given to the Marshal. 2. The proceedings be dismissed pursuant to Order 20 r 2. 3. The plaintiff pay Fiesta's costs of the proceedings and of the Notice of Motion filed on 30 March 2001, including all costs of arrest and of the release of the vessel from arrest. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.