Federal Court of Australia
Federal Court of Australia
Burrows v The Ship 'Merlion' (No 2) [2024] FCA 429 File number(s): QUD 437 of 2023
Judgment of: SARAH C DERRINGTON J
Date of judgment: 26 April 2024
Catchwords: ADMIRALTY PROCEDURE – application for judgment in default of appearance – where defendant entered conditional appearance to challenge jurisdiction – where challenge largely failed – effect of failure on conditional appearance – where defendant also brought application for summary judgment – whether defendant taken to have waived objection to jurisdiction
Legislation: Admiralty Act 1988 (Cth) ss 3, 4(2)(a) Federal Court of Australia Act 1976 (Cth) s 31A(2) Admiralty Rules 1988 (Cth) r 18 Federal Court Rules 2011 (Cth) rr 5.23(2)(d), (e) Federal Court Rules 1979 (Cth) (repealed) O 9 rr 6 (1), (2), (6), (7)
Cases cited: Burrows v The Ship 'Merlion' [2024] FCA 220 Gensco Laboratories LLC v Care A2 Plus Pty Ltd (receiver appointed) (No 2) [2024] FCA 23 Interwest Ltd v Tricontinental Corporation Ltd (1991) 5 ACSR 621 Thasos Shipping Agency Co Ltd v The Owners of the Ship 'Balakleya' [1998] FCA 520
Division: General Division
Registry: Queensland
National Practice Area: Admiralty and Maritime
Number of paragraphs: 12
Date of hearing: Determined on the papers
Solicitor for the Plaintiff Sewell & Kettle
Solicitor for the Defendants Keypoint Law
ORDERS QUD 437 of 2023
BETWEEN: TERENCE ROY BURROWS Plaintiff
AND: GLEN THURLOW First Defendant
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