Programmed Total Marine Services Pty Ltd v Ships “Hako Endeavour”, “Hako Excel” and “Hako Esteem” (No 2)

Programmed Total Marine Services Pty Ltd (PTMS) was engaged to provide manning and catering services to a series of vessels under a deed of continuing services and assignment of debt. The vessels were arrested by PTMS for non-payment of the services rendered. The case before the court was an application to amend the writ and statement of claim and to allow reliance on a proposed reply. The legal issues were the interpretation of the term of the deed, whether PTMS could recover costs incurred after the term expired, whether the defendants could assert that the costs were not general maritime claims, and whether the services in dispute were within the definition of general maritime claims under the Admiralty Act.

The court found that the term of the deed expired when the last of the vessels was no longer engaged in the marine rock transport. Costs incurred by PTMS after the term expired were not recoverable under the deed. The defendants were not estopped from asserting that the costs were not general maritime claims. Services supplied to the vessels up until the term expired were within the definition of general maritime claims, provided the invoices related to those services and were issued after the deed commenced. The court refused leave to amend the writ and statement of claim and to rely on the proposed reply to the extent the defendants objected.

The court ordered the parties to confer and file proposed orders within 14 days, including orders for costs and a timetable for resolution of any outstanding issues. The proceedings were to be listed for hearing and the making of orders after the parties complied with the first order.