Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tisand Pty Ltd v MV Cape Moreton [2004] FCA 752
ADMIRALTY AND MARITIME – ADMIRALTY PRACTICE AND PROCEDURE – release of ship under Admiralty Rules rule 52 – costs – use of p & i club undertaking conditional on arresting party satisfying the criteria within ss 17, 18 or 19 of the Admiralty Act 1988 (Cth) in due course. Admiralty Act 1988 (Cth) ss 17, 18 and 19 Admiralty Rules rule 52
Republic of India & Anor v India Steamship Co Ltd (No 2) (The 'Indian Grace') [1998] AC 878 referred to The 'Zoya K' (1997) 79 FCR 71 referred to TISAND PTY LTD AND ORS v THE OWNERS OF THE SHIP MV "CAPE MORETON" (EX "FREYA") N 898 of 2004 ALLSOP J 11 JUNE 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 898 of 2004
BETWEEN: TISAND PTY LTD
FIRST PLAINTIFF
RICHARDS BAY IRON AND TITANIUM (PTY) LTD
SECOND PLAINTIFF
CHINA NATIONAL COMPLETE PLANT IMPORT & EXPORT GUANGHOU LTD
THIRD PLAINTIFF
AND: THE OWNERS OF THE VESSEL MV "CAPE MORETON" (EX "FREYA")
DEFENDANT
JUDGE: ALLSOP J
DATE OF ORDER: 11 JUNE 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The ship MV "Cape Moreton" (ex - "Freya") be released from arrest pursuant to Rule 52 (1) of the Admiralty Rules 1988. 2. The costs of the parties in relation to the application for release under Rule 52 (1) be costs in the cause. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 898 of 2004
BETWEEN: TISAND PTY LTD
FIRST PLAINTIFF
RICHARDS BAY IRON AND TITANIUM (PTY) LTD
SECOND PLAINTIFF
CHINA NATIONAL COMPLETE PLANT IMPORT & EXPORT GUANGHOU LTD
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