FEDERAL COURT OF AUSTRALIA

CMC (Australia) v “Socofl Stream” [1999] FCA 1419

ADMIRALTY - application to strike out proceedings for want of jurisdiction - whether a person nominated as a "relevant person" in relation to a maritime claim was such a person so as to found a right to proceed in the Court in rem under s 18 Admiralty Act 1988 (Cth) - issue of whether a nominated person was a demise charterer at the date proceedings were commenced in the Court - question of whether relevant demise charterparty agreement had been terminated prior to that date - meaning of "person who would be liable" in the definition of "relevant person" under the Act - effect of filing an unconditional appearance in the proceedings and whether it amounts to submitting to the Court's jurisdiction.

WORDS & PHRASES - "relevant person" - "demise charterer".

Admiralty Act 1988 (Cth) ss 3, 4, 18

Admiralty Rules r 23(2)

Federal Court Rules O 9 r 7

Owners of the "Iran Amanat" v KMP Coastal Oil Pte Ltd (1999) 161 ALR 434, considered

Owners of the Ship "Shin Kobe Maru" v Empire Shipping Company Inc (1994) 181 CLR 404, considered

Patrick Stevedores No 2 Pty Ltd v MV "Turakina" (1998) 154 ALR 666, considered

The "Guiseppe di Vittorio [1998] 1 Lloyd's Rep 136, considered

Baumvoll Manufactur von Scheibler v Gilchrest [1892] 1 QB 253, considered

Baumvoll Manufactur von Scheibler v Gilchrest [1893] AC 8, considered

Kaleej International Pty Ltd v Gulf Shipping Lines Ltd (1986) 6 NSWLR 569, considered

The "St Elefterio" [1957] P 179, considered

Ocean Industries Pty Ltd v Owners of the Ship MV "Steven C" [1994] 1 Qd R 69, considered

Robinson v Kuwait Liaison Office (1997) 145 ALR 68, considered

CMC (AUSTRALIA) PTY LTD v THE SHIP “SOCOFL STREAM”

N 80 of 1999

MOORE J

18 OCTOBER 1999

SYDNEY

CORRIGENDA

On page 23 of this judgment, in the seventh line of paragraph 31, the name “Herschale” should be replaced with “Herschell”, so that the relevant part of the sentence reads: 

“… see the observations of Lord Herschell in [1893] AC at 17 …” 

On page 27 of this judgment, the words “with Mr T Davie” should be added to Counsel for CMC (Australia) Ltd, so that the line reads:

 “Counsel for CMC (Australia) Ltd:   Mr P E King with Mr T Davie”

Associate:

Date:                22 October 1999