Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Latitude Fisheries Pty Ltd v Ship 'South Passage' [2014] FCA 186 Citation: Latitude Fisheries Pty Ltd v Ship 'South Passage' [2014] FCA 186
Parties: LATITUDE FISHERIES PTY LTD v THE SHIP 'SOUTH PASSAGE'
File number: WAD 25 of 2014
Judge: MCKERRACHER J
Date of judgment: 6 March 2014
Catchwords: ADMIRALTY – owner of defendant vessel in default under mortgage – defendant vessel under arrest – interlocutory application brought by plaintiff for rights to possession of the defendant vessel, to perform survey, repairs and refitting and to exercise mortgagee power of sale – right to possession and to survey granted – right to perform repairs, refitting and to exercise power of sale declined at present – to grant rights would be inconsistent with the Admiralty Rules 1988 (Cth), r 50, r 69 which prescribe procedure for repairs to and sale of the vessel under arrest
Legislation: Federal Court Rules 2011 (Cth) r 8.21(1)(g)
Cases cited: Dick v The Vessel 'Percy & Jean' [2000] TASSC 140 Government of the Republic of Spain v S.S. Arantzazu Mendi [1939] AC 256 The Heather Bell [1901] P143
Date of hearing: 5 March 2014
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 27
Counsel for the Plaintiff: Mr P Hopwood
Solicitor for the Plaintiff: Cocks Macnish
Counsel for the Defendant: The Defendant did not file an appearance
IN THE FEDERAL COURT OF AUSTRALIA
IN ADMIRALTY WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 25 of 2014
BETWEEN: LATITUDE FISHERIES PTY LTD
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