Sealanes (1985) Pty Ltd v Vessel MY "Island Escape"
[2023] FCA 414
Citation 1
(Para 22)
…oyee of the charterer and not of the owner: The I Congresso del Partido [1978] QB 500 at 539; Patrick Stevedores No 2 Pty Limited v MV "Turakina" [1998] FCA 495; (1998) 154 ALR 666 at 671. While a demise charter contemplates an agreement between the owner and demise charterer, the concept is not limited to a rela…
Programmed Total Marine Services Pty Ltd v Ships “Hako Endeavour”, “Hako Excel” and “Hako Esteem” (No 2)
[2013] FCA 1261
Citation 2
(Para 4)
…at 387). See also The “Edinburgh Castle” [1999] 2 Lloyd’s Rep 362, The “Nore Challenger” [2001] 2 Lloyd’s Rep 103, The “Turakina” (1998) 154 ALR 666 at 678 Ins 40-50, The “Sydney Sunset” [2001] FCA 210 at [10]-[17]. The defendants seek to separate certain charges out from others that arise from the same services. Tha…
Programmed Total Marine Services Pty Ltd v The Ship “Hako Fortress”
[2012] FCA 805
Citation 3
(Para 7)
…ns on foot until the vessel is repossessed. Unfortunately this is still a controversial topic. In Patrick Stevedores No 2 Pty Ltd v MV “Turakina” (1998) 154 ALR 666 (“ The Turakina ”), Tamberlin J held that a demise charter, under which possession and control of the ship had been given to the charterer, could not be…
Brisbane Slipways Operations Pty Ltd v Pantaloni
[2010] FCA 654
Citation 4
…ners of the Ship MV Cape Moreton (2005) 143 FCR 43 – cited and quoted Patrick Stevedores v Turakina (1998) 154 ALR 666 – cited and quoted CMC (Australia) Pty Ltd v Ship “Socofl Stream” (1999) 95 FCR 403 - cited ASP Holdings v Pan Australia Shipping (2006) 235 ALR 554 – cited Nautilus Australia Ltd v The Ship “Rossel…
ASP Holdings Ltd v Pan Australia Shipping Pty Ltd
[2006] FCA 1379
Citation 5
(Para 12)
…to an end or whether the charter remains on foot until the vessel is repossessed. Unfortunately this is still a controversial topic. In The Turakina (1998) 154 ALR 666, Tamberlin J held that a demise charter, under which possession and control of the ship had been given to the charterer, could not be terminated by n…
CMC (Australia) Pty Ltd v Ship “Socofl Stream”
[1999] FCA 1419
Citation 6
(Para 12)
…A broadly similar situation was considered by Tamberlin J in Patrick Stevedores No 2 Pty Ltd v MV “Turakina” (1998) 154 ALR 666. The Turakina was sub-demise chartered by South Pacific Shipping Ltd (“SPS”) from Deil Shipowners BV (“Deil”). The vessel was arrested on 19 February 1998. On 18 February 1998 Deil wrote to…