Owners of the Ship 'Shin Kobe Maru' v Empire Shipping Company Inc

The parties in this matter before the High Court of Australia were the Owners of the Ship 'Shin Kobe Maru' (appellants) and Empire Shipping Company Inc (respondent). The dispute concerned the nature of the respondent's claim in relation to the vessel. The Commonwealth Attorney-General intervened in the proceedings to argue for the power and jurisdiction of the court.

The High Court was required to determine three principal legal issues. Firstly, whether the respondent's claim constituted a "proprietary maritime claim" under the Admiralty Act. Secondly, if the claim was a proprietary maritime claim, whether section 4(2) of the Admiralty Act needed to be read down by reason of section 13 to remain within constitutional power. Thirdly, the court considered the appropriate burden of proof in such matters.

The appellants' primary submission on the construction of the Admiralty Act was that a proprietary maritime claim involves the plaintiff asserting their own right to possession, title, or ownership, or a similar interest such as a mortgage. The appellants argued that the factual matters relevant to the case were rendered irrelevant by the form of their submissions, particularly concerning the constitutional and procedural issues. The court was also to consider arguments regarding equitable ownership and the meaning of "co-owner," though the appellants contended these might not be necessary to resolve if their primary submission on the Admiralty Act was accepted.