OW Bunker & Trading Company Ltd A/S v The Ship MV “Mawashi Al Gasseem” (No 2) [2007] FCA 1139

FEDERAL COURT OF AUSTRALIA

OW Bunker & Trading Company Ltd A/S v The Ship MV "Mawashi Al Gasseem" (No 2) [2007] FCA 1139

ADMIRALTY – priority of claims in rem against ship over proceeds of sale of ship and sale of bunkers – whether mortgage over ship includes fuel oil in bunkers WORDS AND PHRASES – ship – component – appendage – annexe Patrick Stevedores No 2 Pty Ltd v The Proceeds of Sale of the Vessel MV Skulptor Konenkov (1997) 75 FCR 47 followed The "Angel Bell" [1979] 2 Lloyd's Rep 491 cited Coltman v Chamberlain (1890) 25 QBD 328 discussed The "Eurosun"and "Eurostar" [1993] 1 Lloyd's Rep 106 applied The "Honshu Gloria" [1986] 2 Lloyd's Rep 67 cited The "Pan Oak" [1992] 2 Lloyd's Rep 36 considered Enforcement of Maritime Claims (2nd ed, LLP, London, 1996) Admiralty Jurisdiction and Practice (3rd ed, LLP, London 2003 OW BUNKER & TRADING COMPANY LTD A/S v THE SHIP MV "MAWASHI AL GASSEEM" SAD 146 OF 2005

MANSFIELD J

3 AUGUST 2007

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 146 OF 2005

BETWEEN: OW BUNKER & TRADING COMPANY LTD A/S

Plaintiff

AND: THE SHIP MV "MAWASHI AL GASSEEM"

Defendant

JUDGE: MANSFIELD J DATE OF ORDER: 3 AUGUST 2007

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. The Admiralty Marshal pay to the Bank of Kuwait and the Middle East the balance of the account styled "Admiralty Marshal – Sale of the MV Mawashi Al Gasseem", account number 100 639911 USD 115601, less any bank fees associated with that payment and closure of that account. 2. The Admiralty Marshal, as soon as reasonably practicable after Order 1 is complied with and after payment out of the costs of the plaintiff in accordance with the Order made herein on 2 August 2007, pay to each of Dubai Drydocks, Quin Marine Pty Ltd, Arab Shipbuilding and Repair Yard Company, Viking Enterprises Co Ltd, BP Oil International Limited and BP Marine Ltd, Ahmed Ali Maintenance & Ship Repairs (LLC), the Bank of Kuwait and the Middle East, Al Mawashi Al Mukairish United Co and Al Mukairish Australia Pty Ltd the balance of the account styled "Admiralty Marshal – Sale Bunkers and Unused Lubricants on MV Mawashi Al Gasseem" account no. 100 640033 USD 115601, less any bank fees associated with those payments and closure of that account, pro rata in accordance with their respective judgments. 3. For the purpose of the pro rata calculations: