Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
APC Marine Pty Ltd (ACN 119 763 012) v The Ship "APC Aussie 1" [2009] FCA 690
APC MARINE PTY LTD (ACN 119 763 012) v THE SHIP "APC AUSSIE 1"
VID 234 of 2009
T-D JOINT VENTURE PTY LTD (ACN 124 308 685) v APC MARINE PTY LTD (ACN 119 763 012)
VID 244 of 2009
RYAN J
25 JUNE 2009
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 234 of 2009
BETWEEN: APC MARINE PTY LTD (ACN 119 763 012)
Plaintiff
AND: THE SHIP "APC AUSSIE 1"
Defendant
JUDGE: RYAN J
DATE OF ORDER: 25 JUNE 2009
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The plaintiff pay the costs of T-D Joint Venture Pty Ltd of and incidental to the proceedings herein, such costs to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 244 of 2009
BETWEEN: T-D JOINT VENUTRE PTY LTD (ACN 124 308 685)
Plaintiff
AND: APC MARINE PTY LTD (ACN 119 763 012)
Defendant
JUDGE: RYAN J
DATE OF ORDER: 25 JUNE 2009
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. IT BE DECLARED that as at 17 April 2009 the charter in force between the plaintiff as charterer and the defendant as owner of the Ship "APC Aussie 1" pursuant to a charterparty made 27 June 2008 had not validly been terminated. 2. The interlocutory injunction granted by Ryan J on 17 April 2009 be dissolved. 3. The defendant be released from its undertaking as to damages recorded in the said order of 17 April 2009. 4. The defendant pay the plaintiff's costs of this application, including any reserved costs, such costs to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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