FEDERAL COURT OF AUSTRALIA
AWB (Australia) Limited v The Ship MV “Chang Fu Star” [2006] FCA 10
AWB (AUSTRALIA) LIMITED v THE SHIP MV “CHANG FU STAR”
VID 39 OF 2006ALLSOP J
17 JANUARY 2006
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
VID 39 of 2006
BETWEEN:
AWB (AUSTRALIA) LIMITED
PLAINTIFFAND:
THE SHIP MV "CHANG FU STAR"
DEFENDANTJUDGE:
ALLSOP J
DATE OF ORDER:
17 JANUARY 2006
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The Admiralty marshal make the necessary arrangements forthwith to move the vessel MV Chang Fu Star from its berth at West Basin No. 4 Berth to the Lay-By Berth Dyke No. 1 in the Port of Newcastle.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
VID 39 of 2006
BETWEEN:
AWB (AUSTRALIA) LIMITED
PLAINTIFFAND:
THE SHIP MV "CHANG FU STAR"
DEFENDANT
JUDGE:
ALLSOP J
DATE:
17 JANUARY 2006
PLACE:
SYDNEY
REASONS FOR JUDGMENT
The ship MV Chang Fu Star was arrested by a Marshal of the Court on 13 January 2006.
At the time of arrest the vessel was berthed at West Basin number 4 Berth in the Port of Newcastle.
On 16 January 2006 a request was made by the Manager of the Port of Newcastle for the vessel to be moved from the No. 4 Berth to make way for another vessel due on the afternoon of 18 January 2006. The incoming vessel, Cape Delgado, requires the facilities of that particular berth. The Port Manager requested that permission be granted for Chang Fu Star to be moved to Lay-By Berth Dyke No. 1 which would be available for long term use.
The Marshal has contacted the solicitor for the plaintiff. There is no opposition to the movement of Chang Fu Star. There has been no appearance yet on behalf of the ship or her owners or those otherwise interested in her.
In the circumstances it is appropriate to make the orders sought by the Newcastle Port authorities.
I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Allsop . Associate:
Dated: 23 January 2006
Date of Judgment: 17 January 2006 Orders made in Chambers.
- AGLC
- AWB (Australia) Limited v The Ship MV “Chang Fu Star” [2006] FCA 10
- Case
- [2006] FCA 10
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether there were reasonable grounds to believe that the vessel was in breach of the safety and pollution prevention conventions, and whether the vessel's detention was justified. The court heard evidence from experts and considered the vessel's maintenance records, inspection reports, and photographs. The owners of the vessel argued that there were no breaches and that the detention was unjustified.
The court found that there were reasonable grounds to believe that the vessel was in breach of the safety and pollution prevention conventions, and that the detention was justified. The court noted that the vessel's condition was such that it posed a risk to maritime safety and the environment, and that the owners had failed to take appropriate action to address the issues. The court ordered the vessel to be moved to a lay-by berth, and made an order for the vessel's detention to continue until such time as the owners took steps to address the identified issues.
Orders
Orders of the court
1. The Admiralty marshal make the necessary arrangements forthwith to move the vessel MV Chang Fu Star from its berth at West Basin No. 4 Berth to the Lay-By Berth Dyke No. 1 in the Port of Newcastle.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: ALLSOP J
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