Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
STX Pan Ocean Co Ltd v Tri Bulk Shipping Co Limited [2011] FCA 704 Citation: STX Pan Ocean Co Ltd v Tri Bulk Shipping Co Limited [2011] FCA 704
Parties: STX PAN OCEAN CO LTD v TRI BULK SHIPPING CO LIMITED and RANNVEIG SHIPPING CO LIMITED
File number: VID 517 of 2011
Judge: NORTH J
Date of judgment: 6 June 2011
Date of hearing: 6 June 2011
Place: Melbourne
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 12
Counsel for the Plaintiff: Mr M N C Harvey
Solicitor for the Plaintiff: Holman Fenwick Willan
Counsel for the First Defendant: The First Defendant did not appear
Counsel for the Second Defendant: The Second Defendant did not appear
IN THE FEDERAL COURT OF AUSTRALIA IN admiralty VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 517 of 2011
BETWEEN: STX PAN OCEAN CO LTD
Plaintiff
AND: TRI BULK SHIPPING CO LIMITED
First Defendant
RANNVEIG SHIPPING CO LIMITED
Second Defendant
JUDGE: NORTH J DATE OF ORDER: 6 JUNE 2011 WHERE MADE: MELBOURNE
THE COURT ORDERS EX PARTE THAT:
1. The plaintiff by its nominated expert/marine surveyor, Michel Lagesse, may attend on board the vessel MV "BLACKFIN" (the Vessel) at the ports of Fremantle and/or Kwinana, Western Australia, immediately to inspect, photograph and video tape all relevant parts of the Vessel affected by or involved with the ingress of oil into cargo hold no.3 and fuel oil tank no.2 to monitor and/or observe and take samples of the sludge/oil being disposed and otherwise observe the actual repair works carried out on relevant parts of the Vessel. 2. The plaintiff is to notify the defendants of the terms of this order as soon as possible by email to the solicitor for the first defendant and by handing a copy to the Officer in Charge of the Vessel. 3. Leave to the defendants to apply for an immediate variation of these orders if they are so advised by contacting the Federal Court on 0419 299 161. 4. The motion, notice of which was filed by the plaintiff on 6 June 2011, seeking interim relief and pre trial discovery, is adjourned to 3.30 pm AEST on Wednesday 8 June 2011. 5. The costs are reserved. 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 Federal Law Search on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA In admiralty VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 517 of 2011
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