Brisbane Slipways Operations Pty Ltd v Pantaloni [2010] FCA 654

FEDERAL COURT OF AUSTRALIA Brisbane Slipways Operations Pty Ltd v Pantaloni [2010] FCA 654 Citation: Brisbane Slipways Operations Pty Ltd v Pantaloni [2010] FCA 654

Parties: BRISBANE SLIPWAYS OPERATIONS PTY LTD ACN 104 531 991 v YANNICK PANTALONI, SNC AREMITI and THE SHIP "AREMITI 4"

File number(s): QUD 91 of 2009

Judges: GREENWOOD J

Date of judgment: 24 June 2010

Catchwords: ADMIRALTY – consideration of a challenge to the jurisdiction of the Federal Court to hear a proceeding commenced as an action in rem in reliance upon ss 10, 17 and 18 of the Admiralty Act 1988 (Cth) – consideration of the Court's jurisdiction in an action in personam in reliance upon s 9 of the Admiralty Act 1988 (Cth) – consideration of whether the plaintiff's proceeding to the extent that it engages an action in rem against the ship Aremiti 4 should be struck out as beyond jurisdiction – consideration of whether monies paid into Court to secure the release of the ship by the first defendant ought to be paid out of Court to that party – consideration of whether a remedial freezing order ought to be made under Order 25A of the Federal Court Rules preventing the removal by the first defendant of monies brought into the jurisdiction to secure release of the ship, from the jurisdiction, in aid of the plaintiff's action in personam – consideration of whether a New Caledonian corporation should be joined as a party in the proceedings PRACTICE AND PROCEDURE – consideration of an application for a freezing order under Order 25A of the Federal Court Rules – consideration of Order 6, rule 8 as to joinder of a party