Scandinavian Bunkering As v The Bunkers on Board the Ship FV*Taruman*

The case involves Scandinavian Bunkering AS, a Norwegian company, and The Bunkers on Board the Ship FV Taruman, a foreign fishing vessel. The dispute centres on the ownership and control of fuel bunkers on board the FV Taruman, which Scandinavian Bunkering AS claims as its property due to a maritime claim arising from the supply of fuel to the vessel. The Commonwealth, through the Australian Fisheries Management Authority, asserts that the bunkers are forfeit to it as part of the vessel due to alleged violations of the Fisheries Management Act 1991 (Cth). This matter was brought before the Federal Court of Australia, which exercised its original jurisdiction over the matter in accordance with section 20(1A) of the Federal Court of Australia Act (Cth).

The legal issues before the court involved determining whether the Commonwealth's statutory powers to seize, detain, and forfeit the bunkers under the Fisheries Management Act could be exercised despite the maritime claim asserted by Scandinavian Bunkering AS under the Admiralty Act. The court had to decide whether the bunkers were considered part of the vessel or separate property, and whether the arrest of the bunkers under the Admiralty Act could be carried out without affecting the Commonwealth's statutory powers. Additionally, the court had to assess the validity of Scandinavian Bunkering AS's maritime claim and its right to proceed against the bunkers.

The Full Court found that fuel bunkers, once taken on board, are integral to the ship and cannot be considered separate property for the purposes of arrest under the Admiralty Act. The court emphasised that treating bunkers as separate property would necessitate their removal from the ship prior to arrest or the provision of security by the ship's owners, which they have no interest in. The court concluded that the statutory powers under the Fisheries Management Act to seize, detain, and forfeit the bunkers are effective despite the arrest under the Admiralty Act, and that Scandinavian Bunkering AS does not have the right to proceed against the bunkers based on a general maritime claim. The court's decision was based on the interpretation of the relevant statutory provisions and the practical implications of treating bunkers as separate property.

The court ordered that the question regarding the Commonwealth's right, title, or interest in the bunkers be answered in the Commonwealth's favour, and that Scandinavian Bunkering AS does not have the right to proceed against the bunkers based on a general maritime claim. Additionally, Scandinavian Bunkering AS was ordered to pay the costs of the second and third defendants in relation to the determination of the question.