AWB (Australia) Limited v The Ship MV “Chang Fu Star”

[2006] FCA 10

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 2006

ALLSOP J
17 JANUARY 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	VID 39 of 2006

BETWEEN:	AWB (AUSTRALIA) LIMITED PLAINTIFF
AND:	THE SHIP MV "CHANG FU STAR" DEFENDANT
JUDGE:	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 PLAINTIFF
AND:	THE SHIP MV "CHANG FU STAR" DEFENDANT

JUDGE:	ALLSOP J
DATE:	17 JANUARY 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The ship MV Chang Fu Star was arrested by a Marshal of the Court on 13 January 2006.

2. At the time of arrest the vessel was berthed at West Basin number 4 Berth in the Port of Newcastle. 

3. 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.

4. 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.

5. 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.