Dan-Bunkering (Singapore) Pte Ltd v The Ship Yangtze Fortune (No 3) [2024] FCA 219

Federal Court of Australia

Dan-Bunkering (Singapore) Pte Ltd v The Ship Yangtze Fortune (No 3) [2024] FCA 219 File number: NSD 958 of 2022

Judgment of: STEWART J

Date of judgment: 12 March 2024

Catchwords: ADMIRALTY – application for leave to claim out of time upon the fund constituted by the proceeds of judicial sale of the ship Yangtze Fortune – liability of the fund for demise charterer's debts – construction of ss 18 and 24 of the Admiralty Act 1988 (Cth) and rr 9.02 and 9.03 of the Federal Court Rules 2011 (Cth) – whether applicant has reasonable prospects of success in its claim – where evidence that charterparty terminated before judicial sale of ship – where applicant made conscious choice not to take steps in the proceeding – application refused

Legislation: Admiralty Act 1988 (Cth) ss 3(1), 17, 18, 19, 24 Admiralty Rules 1988 (Cth) Pt II Div 2 Federal Court Rules 2011 (Cth) rr 9.02, 9.03

Cases cited: Codelfa Construction Pty Ltd v State Rail Authority of New South Wales [1982] HCA 24; 149 CLR 337 Dauguet v Centrelink [2015] FCA 395 Davis Contractors Ltd v Fareham Urban District Council [1956] AC 696 DGM Commodities Corporation v Sea Metropolitan SA (The "Andra") [2012] 2 Lloyd's Rep 587 Taxidiotiki-Touristiki-Nautiliaki Ltd v The Owners, Demise Charterers of the Vessel 'Columbus' [2021] EWHC 310 The Sanko Mineral [2014] EWHC 3927; [2015] 1 Lloyd's Rep 247 The Ship 'Hako Endeavour' v Programmed Total Marine Services Pty Ltd [2013] FCAFC 21; 211 FCR 369 Australian Law Reform Commission, Civil Admiralty Jurisdiction (Report No 33, 1986) Stewart AM, "The owner's vulnerability to the liabilities of the demise charterer" (2015) 29 ANZ Mar LJ 85