Stingray Boats v Denmeade [2004] FCA 1222

FEDERAL COURT OF AUSTRALIA

Stingray Boats v Denmeade [2004] FCA 1222

ADMIRALTY AND MARITIME JURISDICTION – ordinary rules as to priorities – agreement as to order of priority and quantum of payments. Admiralty Act 1988 (Cth) Patrick Stevedores No 2 Pty Ltd v Proceeds of Sale of the Vessel MV Skulptor Konenkov (1997) 75 FCR 47 referred to STINGRAY BOATS (a firm) v PHILIP DENMEADE No Q 159 of 2002 ESANDA FINANCE CORPORATION LTD (ACN 004 346 043) v THE PROCEEDS OF THE SALE OF THE VESSEL BEING 12M ALUMINIUM SHIP IDENTIFICATION NUMBER 2523Q No Q 101 of 2004 SPENDER J BRISBANE 15 SEPTEMBER 2004

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY IN ADMIRALTY Q 159 OF 2002

BETWEEN: STINGRAY BOATS (a firm)

APPLICANT

AND: PHILIP DENMEADE

RESPONDENT

Q 101 OF 2004 BETWEEN: ESANDA FINANCE CORPORATION LTD (ACN 004 346 043)

APPLICANT

AND: THE PROCEEDS OF SALE OF THE VESSEL BEING 12M ALUMINIUM SHIP IDENTIFICATION NUMBER 2523Q

RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 15 SEPTEMBER 2004

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The Federal Court Marshal be paid the sum of $643.64 for costs of the arrest and sale from the proceeds of sale of the vessel being 12 metre aluminium ship, identification number 2523Q. 2. Stingray Boats be paid the sum of $17,000 for costs of arrest and sale of the vessel from the proceeds of sale of the vessel being 12 metre aluminium ship, identification number 2523Q. 3. Esanda Finance Corporation Ltd be paid the balance remaining from the proceeds of sale of the vessel being 12 metre aluminium ship, identification number 2523Q. 4. There be no order as to costs.

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