Patrick Stevedores No 2 Pty Ltd v The Proceeds of sale of the Vessel MV Skulptor Konenkov

[2010] FCA 301

FEDERAL COURT OF AUSTRALIA

Patrick Stevedores No 2 Pty Ltd v The Proceeds of Sale of the Vessel MV Skulptor Konenkov [2010] FCA 301

Citation:

Patrick Stevedores No 2 Pty Ltd v The Proceeds of sale of the Vessel MV Skulptor Konenkov [2010] FCA 301

Parties:

PATRICK STEVEDORES NO 2 PTY LTD, PATRICK STEVEDORES NO 1 LIMTED  v THE PROCEEDS OF SALE OF THE VESSEL MV SKULPTOR KONENKOV

File number:

NG 495 of 1995

Judge:

RARES J

Date of judgment:

26 March 2010

Catchwords:

ADMIRALTY - UNCLAIMED MONEY FROM SALE OF SHIP – whether appropriate to advertise before paying money to Commonwealth as unclaimed moneys – international creditors

Held:  advertise in Lloyd’s List

Date of hearing:

26 March 2010

Place:

Sydney

Division:

GENERAL DIVISION

Category:

Catchwords

Number of paragraphs:

6

Deputy District Registrar appeared for the Marshal

IN THE FEDERAL COURT OF AUSTRALIA
IN ADMIRALTY
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NG 495 of 1995

BETWEEN:

PATRICK STEVEDORES NO 2 PTY LTD
First Plaintiff

PATRICK STEVEDORES NO 1 LIMITED
Second Plaintiff

AND:

THE PROCEEDS OF SALE OF THE VESSEL MV SKULPTOR KONENKOV
Defendant

JUDGE:	RARES J
DATE OF ORDER:	26 MARCH 2010
WHERE MADE:	SYDNEY

THE COURT DIRECTS THAT:

1.The Registrar write a letter in the form of annexure 1 to these orders to each of the addresses referred to therein.

2.The Registrar place an advertisement in the form of annexure 2 to these orders at the general classified rate in:

(a)       the next available international newspaper edition of Lloyd’s List;

(b)all online editions of Lloyd’s List for the normal period included in the payment of the general classified rate;

(c)       if no further cost be incurred, in Lloyd’s List News Bulletin.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
IN ADMIRALTY
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NG 495 of 1995

BETWEEN:

PATRICK STEVEDORES NO 2 PTY LTD
First Plaintiff

PATRICK STEVEDORES NO 1 LIMITED
Second Plaintiff

AND:

THE PROCEEDS OF SALE OF THE VESSEL MV SKULPTOR KONENKOV
Defendant

JUDGE:	RARES J
DATE:	26 MARCH 2010
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In September 2001 Tamberlin J ordered that the surplus of the fund resulting from the sale of “Skulptor Konenkov” be paid to the plaintiffs being receivers and managers of the assets of Baltic Shipping Company in Australia.  Subsequently the balance was calculated to be $13,515.29.  But, by the time the calculation was done and the administration of the sale had been completed, the receivers and managers had ceased to hold their office.  No-one has claimed the funds.

2. Recent attempts by a Deputy District Registrar to ascertain who might be interested in the funds have failed to identify anyone to whom they may be payable.  Baltic Shipping does not appear to be readily contactable, if indeed, it still exists.

3. The Deputy District Registrar has sought directions under r 80(1)(a) of the Admiralty Rules 1988 as to the further steps that should be taken before the funds are paid to the Official Public Account of the Commonwealth as unclaimed moneys.  He seeks directions that he advertise and also write to the parties to the proceedings and their solicitors at their last known addresses.  The advertisement and letters would refer to the present position, the Court’s Guideline for Dealing with Unclaimed Money and provide that claims should be made by 30 April 2010.

4. While there have been no claims over many years, it is appropriate that the Court give adequate notice one last time to any person with an interest in the funds to make a claim for them before paying over the funds as unclaimed money.

5. Since the financial collapse of Baltic Shipping may have affected its creditors and shareholders anywhere in the world, the question then arises as to the appropriate publication in which to place an advertisement.  It is likely that those who may claim are involved in the international shipping industry.  Such persons are likely to receive notice of a general classified advertisement placed in the international edition of Lloyd’s List newspaper and the concomitant online international edition of Lloyd’s List.  If it is possible to do so without additional cost, the Deputy District Registrar should also arrange for the advertisement to appear in the Lloyd’s List News Bulletin.

6. I am of opinion that such a direction should be made. 

I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Rares.

Associate:

Dated:        30 March 2010