Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
US Shipping Limited v Leisure Freight & Import Pty Ltd (In Liquidation) (No 2) [2015] FCA 413 Citation: US Shipping Limited v Leisure Freight & Import Pty Ltd (No 2) [2015] FCA 413
Parties: US SHIPPING LIMITED v LEISURE FREIGHT & IMPORT PTY LTD (IN LIQUIDATION) (ACN 142 865 307) and SCOTT MURPHY
File number(s): QUD 272 of 2014
Judge(s): GREENWOOD J
Date of judgment: 4 May 2015
Catchwords: ADMIRALTY – consideration of the form of the orders to be made arising out of the reasons for judgment published on 16 April 2015
Date of hearing: Determined on the papers
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 12
Counsel for the Applicant: Mr Gary Coveney
Solicitor for the Applicant: HWL Ebsworth Lawyers
Solicitor for the Respondents: Carrolls Law Practice
IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 272 of 2014
BETWEEN: US SHIPPING LIMITED
Applicant
AND: LEISURE FREIGHT & IMPORT PTY LTD (IN LIQUIDATION) (ACN 142 865 307)
First Respondent
SCOTT MURPHY
Second Respondent
JUDGE: GREENWOOD J DATE OF ORDER: 4 MAY 2015 WHERE MADE: BRISBANE
THE COURT DECLARES THAT:
1. The applicant is entitled to exercise a contractual lien over the vessel described as 1989 Sea Ray 400 Flybridge (WILFRE-19) (HIN:SERF1312K889) ("the Vessel"), and to sell the Vessel by public auction or private treaty. 2. The applicant is entitled to appropriate from the proceeds of the sale of the Vessel outstanding freight and charges incurred with the applicant by the respondents in the sum of $71,036.04, as detailed in the following table and deposed to in the affidavit of Glenn William O'Brien sworn 21 April 2015. Description Amount Outstanding freight – USD22,236.94 $28,685.65 (converted at the currency conversion rate for 21 April 2015 of 1 USD: 1.29 AUD) Cranage – USD1,764.71 (converted at the currency conversion rate for 21 April 2015 of 1 USD: 1.29 AUD) $2,276.48 GST, Customs fees and duties $10,874.45 "Rivergate" Storage fees to 30 April 2015 $24,760.35 Transfer (Skipryan) $1,957.37 Loadmaster (Christy & Griffin) $399.23 Towage (PB Towage) $118.80 Port Charges (AAT and Port of Brisbane) $1,963.71 TOTAL CHARGES $71,036.04 Plus Vessel sale fees and costs
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