Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Navios International Inc v The Ship HUANG SHAN HAI [2011] FCA 895 Citation: Navios International Inc v The Ship HUANG SHAN HAI [2011] FCA 895
Parties: NAVIOS INTERNATIONAL INC v THE SHIP "HUANG SHAN HAI" CUSTOMIZED DEVELOPMENT S.A. v THE SHIP "HUANG SHAN HAI" OBITER SHIPPING CORPORATION v THE SHIP "HUANG SHAN HAI" HYPERION ENTERPRISE INC v THE SHIP "HUANG SHAN HAI"
File number(s): NSD 1148 of 2011 NSD 1149 of 2011 NSD 1150 of 2011 NSD 1151 of 2011
Judge: RARES J
Date of judgment: 27 July 2011
Catchwords: ADMIRALTY – bail bonds – sufficient surety – defendant proffered bail bonds with supplementary undertaking to the Court as security to obtain release of vessel under arrest – objections to bail bond –whether sufficient bail is given by filing a bail bond signed by only one surety rather than two, as required under r 54(2) of Admiralty Rules 1988 (Cth) – whether affidavit on information and belief by solicitor can satisfy requirements in r 56(3A) of Admiralty Rules 1988 (Cth) as to a proposed surety's financial circumstances – relevance of proposed surety being a foreign corporation when considering sufficiency of bail – development of modern commercial practice a relevant consideration Held: proposed surety was creditworthy, international bank and authorised deposit-taking institution regulated in the forum under statute (Banking Act 1959 (Cth)) and with significant assets in the forum – bail bond proffered by sole surety was sufficient in the circumstances
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