EMAS Offshore Pte Ltd v The Ship “APC Aussie 1” [2009] FCA 872

FEDERAL COURT OF AUSTRALIA

EMAS Offshore Pte Ltd v The Ship "APC Aussie 1" [2009] FCA 872

ADMIRALTY –– proceeding in rem –– procedure –– application to amend writ after arrest –– adding new claim for indemnity –– relevant person –– construction of 'maritime claim' and 'cause of action' in s 18 Admiralty Act 1988 (Cth) –– whether the plaintiff can amend writ to add new claim for indemnity, in respect of liability arising in foreign proceedings, against demise charterer as relevant person after termination of charterparty ADMIRALTY –– proceeding in rem –– procedure –– Admiralty Act 1988 (Cth) s 18 –– proceeding in rem commenced against demise charter –– charterparty terminated –– owner offering security for plaintiff's claim in writ naming demise charterer as relevant person ­­–– purpose of proceedings in admiralty not to put pressure on person not under a liability to the plaintiff PRACTICE AND PROCEDURE –– amendment of document –– Federal Court Rules O 13 –– interaction of the Rules with the Admiralty Rules 1988 (Cth) –– admiralty writ –– amendment to originating process to add new cause of action –– whether amendment to add claim to admiralty writ where relevant person is no longer demise charter would be appropriate in all the circumstances ­­–– discretion to allow amendment Held: application refused, plaintiff not permitted to add new claim to writ in rem against demise charterer after the demise charterparty has been terminated Admiralty Act 1988 (Cth) ss 3(2), s 4(3)(j), 4(3)(m), 18 Admiralty Rules 1988 rr 15, 17, 36 Federal Court Rules O 13 rr 2, 3A Port of Geelong Authority v The "Bass Reefer" (1992) 37 FCR 374 followed Tisand Pty Limited v The Owners of the Ship MV "Cape Moreton" (Ex Freya) (2005) 143 FCR 43 discussed Shell Oil Company v The Ship "Lastrigoni" (1974) 131 CLR 1 followed Owners of MV "Iron Amanat" v KMP Coastal Oil Pte Ltd (1999) 196 CLR 130 cited Australian Law Reform Commission: Admiralty Jurisdiction (ALRC 33)