IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
IN ADMIRALTY
NG 114 of 1998
BETWEEN:
PATRICK STEVEDORES NO 2 PTY LTD
PLAINTIFFAND:
THE SHIP TURAKINA
DEFENDANTJUDGE:
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:
The application be dismissed.
The applicant on the Motion pay the Marshal’s costs.
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
PLAINTIFFAND:
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:
The application be dismissed;
The applicant on the Motion pay the Marshal’s costs;
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
- AGLC
- Patrick Stevedoring No 2 Pty Ltd v The Ship "Turakina" [1998] FCA 1012
- Case
- [1998] FCA 1012
- Decision Date
CaseChat Overview and Summary
The court considered the legal principles governing the release of solicitor’s undertakings, particularly focusing on the circumstances under which such an undertaking could be discharged. It examined whether the stevedoring company had demonstrated any change in circumstances that would warrant a release from the undertaking. The court also assessed whether the company had acted in accordance with its obligations under the undertaking and whether there was any evidence to support the claim that the release would not prejudice the ship owner. After thorough deliberation, the court determined that the application for release from the solicitor’s undertaking should be dismissed, as the company had not provided sufficient grounds to justify such a release. Consequently, the applicant was ordered to pay the Marshal’s costs and the plaintiff’s costs.
Orders
Orders of the court
In relation to the Application for Release from the Solicitor’s undertaking:
1.
The application be dismissed.
2.
The applicant on the Motion pay the Marshal’s costs.
3.
The applicant on the Motion pay the plaintiff’s costs.
Note:
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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