Thor Shipping A/S v The Ship “Al Duhail” [2008] FCA 1842

FEDERAL COURT OF AUSTRALIA

Thor Shipping A/S v The Ship "Al Duhail" [2008] FCA 1842

ADMIRALTY – engagement of admiralty jurisdiction dependant on ownership, possession or control of the relevant vessel – Section 17 of the Admiralty Act 1988 (Cth) PERSONAL PROPERTY – whether title to a vessel was passed under the conditions of a relevant agreement to the satisfaction of s 17 of the Admiralty Act 1988 (Cth) – whether registration is proof of "ownership" as that term is defined by the common law – whether an entitlement to own is sufficient to prove ownership for the purposes of s 17 of the Admiralty Act 1988 (Cth) IMMUNITY – whether a head of state and his possessions are inviolable ratione personae while that head of state is still in office – geographical restrictions on such an immunity – Article 31 of the Vienna Convention on Diplomatic Relations as adopted by the Diplomatic Privileges and Immunities Act 1967 (Cth) Admiralty Act 1988 (Cth) ss 3, 17 Shipping Registration Act 1981 (Cth) s 45 Foreign States Immunities Act 1985 (Cth) ss 3(3), 36 Diplomatic Privileges and Immunities Act 1967 (Cth) Foreign States Immunities Bill 1985 (Cth) State Immunity Act 1978 (UK) Diplomatic Privileges Act 1964 (UK) Ship Registration Act 1992 (NZ) Resolution No 18 of 1980G In respect of Ship Registration and Safety Conditions (Qatar) Arts 7, 8, 13, 14 Law No 19 of 1980G Regarding the Rules of Registration and Safety Pertaining to Small Ships (Qatar) Vienna Convention on Diplomatic Relations Opened for signature on 18 April 1961. (500 UNTS 95) arts 31, 39 (entered into force 24 April 1964) Kent v SS Maria Luisa (No 2) (2003) 130 FCR 12 discussed Tisand v MV Cape Moreton (2005) 143 FCR 43 discussed R v Bow Street Metropolitan Stipendiary Magistrate; ex parte Pinochet Ugarte (No 3) [2000] 1 AC 147 followed Australian Law Reform Commission, Report No 24: Foreign State Immunity (Australian Government Publishing Authority, Canberra, 1984) Australia, House of Representatives, Debates (1985) Vol HR 143 p 141 Gore Booth ed, Satow's Guide to Diplomatic Practice (5thed, Longman, 1939)