Pan Australia Shipping Pty Ltd v The Ship 'Comandate' [2006] FCA 881

FEDERAL COURT OF AUSTRALIA

Pan Australia Shipping Pty Ltd v The Ship 'Comandate' [2006] FCA 881

JURISDICTION – stay of action – anti-anti-suit injunction – quia timet relief - application for injunction to restrain defendant obtaining injunction in a foreign court which would prevent plaintiff filing statement of claim in personam pursuant to r 22 of the Admiralty Rules so as to invoke Australian jurisdiction under Trade Practices Act 1974 (Cth) – where defendant threatening to take steps in English High Court of Justice to restrain proceedings in the Federal Court of Australia ADMIRALTY & MARITIME – arrest of vessel – in personam claim Held – interim injunction granted to restrain defendant from taking any steps in any court seeking to restrain the continuation of the current proceeding, pending filing of a statement of claim in personam pursuant to r 22 of the Admiralty Rules. Admiralty Act 1988 (Cth) International Arbitration Act 1974 (Cth) s 7 Trade Practices Act 1974 (Cth) Admiralty Rules r 22 Akai Pty Ltd v Peoples Insurance Co Limited [1998] 1 Lloyd's Rep 90 discussed Akai Pty Ltd v Peoples Insurance Co Ltd (1996) 188 CLR 418 discussed Batistatos v Roads and Traffic Authority of New South Wales [2006] HCA 27 followed CSR Limited v Cigna Insurance Australia Limited (1997) 189 CLR 345 followed Hi-Fert Pty Ltd v Kiukiang Maritime Carriers Inc (No 5) (1998) 90 FCR 1 referred to Queensland v JL Holdings Pty Ltd (1997) 189 CLR 146 referred to Raymond v Honey [1983] 1 AC 1 applied Re Wakim; Ex parte McNally (1999) 198 CLR 511 referred to Walter Rau Neusser Oel und Fett AG v Cross Pacific Trading Limited [2005] FCA 1102 referred to PAN AUSTRALIA SHIPPING PTY LTD v THE SHIP 'COMANDATE' NSD 1130 OF 2006 RARES J 22 JUNE 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1130 OF 2006