Patrick Stevedoring No 2 Pty Ltd v The Ship "Turakina"

[1998] FCA 1012

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

IN ADMIRALTY

NG 114 of 1998

BETWEEN:	PATRICK STEVEDORES NO 2 PTY LTD PLAINTIFF
AND:	THE SHIP TURAKINA DEFENDANT
JUDGE:	TAMBERLIN
DATE OF ORDER:	17 AUGUST 1998
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

In relation to the Application for Release from the Solicitor’s undertaking:

1. The application be dismissed.

1. The applicant on the Motion pay the Marshal’s costs.

1. The applicant on the Motion pay the plaintiff’s costs.

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

IN ADMIRALTY

 NG 114 of 1998

BETWEEN:	PATRICK STEVEDORES NO 2 PTY LTD PLAINTIFF
AND:	THE SHIP TURAKINA DEFENDANT

JUDGE:	TAMBERLIN
DATE:	17 AUGUST 1998
PLACE:	SYDNEY

REASONS FOR JUDGMENT

Costs Application by Solicitor for Release

from Undertaking in relation to the “Turakina”

Application for release from undertaking

On 15 July 1998, I dismissed a Notice of Motion by the applicant’s solicitor to be released from Admiralty Rules r 52 undertaking, given by him on making an application for release of the ship “Turakina”.

I have considered the submissions of the parties and in my view the costs should follow the outcome of the unsuccessful application by the solicitor.  There are no circumstances raised before me sufficient to warrant a contrary conclusion.  Accordingly, the orders of the Court on this Motion are:

1. The application be dismissed;

1. The applicant on the Motion pay the Marshal’s costs;

1. The applicant on the Motion pay the plaintiff’s costs.

I certify that this and the preceding one (1) pages are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin

Associate:

Dated:             17 August 1998

Counsel for the Owner (Applicant on the Motion):	Mr B W Larkin
Solicitor for the Owner (Applicant on the Motion):	Michell Sillar
Solicitor for the Master and  crew:	Levingstons
Solicitor for the Admiralty Marshal:	Mr Douglas Coleman
Counsel for the Plaintiff:	Mr G J Nell
Solicitor for the Plaintiff:	Allen Allen & Hemsley
Counsel for Intervening Liquidator SPS:	Mr B J Shields
Solicitor for Intervening Liquidator SPS:	Ebsworth & Ebsworth
Counsel for Intervening Bank:	Mr A W Street SC
Solicitor for Intervening Bank:	Norton Smith & Co
Date of Hearing:	7 August 1998
Date of Judgment:	17 August 1998