Federal Court of Australia
Federal Court of Australia
Dan-Bunkering (Singapore) Pte Ltd v The Ship Yangtze Fortune [2022] FCA 1556 File number(s): NSD 958 of 2022
Judgment of: STEWART J
Date of judgment: 20 December 2022
Catchwords: ADMIRALTY – application for judicial sale of ship pendente lite – relevant considerations – where crew members have been on board at anchorage for three months with wages unpaid for at least six weeks – where owner not provisioning ship – where shipowner has not defended the proceeding or opposed the sale – where ship appears to be abandoned – where condition of ship deteriorating – where a number of proceedings have been commenced against the ship and caveats against release from arrest filed – where costs of maintaining the custody of the vessel while under arrest are escalating – the vultures are circling
Legislation: Admiralty Rules 1988 (Cth) rr 69, 70
Cases cited: Bank of China Ltd v The Ship "Hai Shi" [2013] FCA 224 Bank of New Zealand (Security Trustee) v The vessel MY Island Escape [2022] FCA 1230 Bhagwan Marine Pty Ltd v The Ship "Lauren Hansen" (No 2) [2020] FCA 1482 Marinis Ship Suppliers (Pty) Ltd v The Ship Ionian Mariner (1995) 59 FCR 245 Norddeutsche Landesbank Girozentrale v The Ship "Beluga Notification" (No 2) [2011] FCA 665 Hilane Ltd v MV Silver Star [2013] ZAECPEHC 61; 2014 (2) SA 392 (ECP) The Myrto [1977] 2 Lloyd's Rep 243 Derrington SC and Turner JM, The Law and Practice of Admiralty Matters (2nd ed, Oxford University Press, 2016)
Division: General Division
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