Graham Bailey Pty Limited v The Owners of MV Beadon 2001 FCA 1537

FEDERAL COURT OF AUSTRALIA

2001 FCA 1537

Graham Bailey Pty Limited v The Owners of MV Beadon GRAHAM BAILEY PTY LIMITED v THE OWNERS OF MV BEADON D19 of 2000

MANSFIELD J 19 OCTOBER 2001

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY D19 OF 2000

BETWEEN: GRAHAM BAILEY PTY LTD trading as FREMANTLE OIL DISTRIBUTORS

APPLICANT

AND: THE OWNERS OF MV BEADON

RESPONDENT

JUDGE: JUSTICE MANSFIELD

DATE OF ORDER: 19 OCTOBER 2001

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The caveat against release from arrest of ship or other property be set aside, in particular in respect of the proceeds of sale of the motor vessel MV Beadon lodged by Alan John Fraser by facsimile to the Court on 3 August 2001. 2. The proceeds of sale of the MV Beadon presently held in the account in the name of the Marshal in accordance with the order of the Court made on 23 May 2001, be applied in the following amounts: (i) $9796.20 to be paid to Graham Bailey Pty Ltd trading as Fremantle Oil Distributors in reimbursement of moneys paid by Graham Bailey Pty Ltd trading as Fremantle Oil Distributors to the Marshal pursuant to undertakings given to secure the warrant of arrest of the vessel and in relation to its arrest and associated with its sale. (ii) The balance of the proceeds of sale presently held be paid to Graham Bailey Pty Ltd trading as Fremantle Oil Distributors on account of its other costs and disbursements associated with the procuring of the arrest of the vessel and its sale.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY D19 OF 2000

BETWEEN: GRAHAM BAILEY PTY LTD trading as FREMANTLE OIL DISTRIBUTORS