Stingray Boats v Denmeade

[2004] FCA 1256

FEDERAL COURT OF AUSTRALIA

Stingray Boats v Denmeade [2004] FCA 1256

STINGRAY BOATS (a firm) v PHILIP DENMEADE
No Q 159 of 2002

ESANDA FINANCE CORPORATION LTD (ACN 004 346 043) v THE PROCEEDS OF THE SALE OF THE VESSEL BEING 12M ALUMINIUM SHIP IDENTIFICATION NUMBER 2523Q
No Q 101 of 2004

SPENDER J
BRISBANE
24 SEPTEMBER 2004

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY IN ADMIRALTY	Q 159 OF 2002

BETWEEN:	STINGRAY BOATS (a firm) APPLICANT
AND:	PHILIP DENMEADE RESPONDENT
Q 101 OF 2004
BETWEEN:	ESANDA FINANCE CORPORATION LTD (ACN 004 346 043) APPLICANT
AND:	THE PROCEEDS OF SALE OF THE VESSEL BEING 12M ALUMINIUM SHIP IDENTIFICATION NUMBER 2523Q RESPONDENT
JUDGE:	SPENDER J
DATE OF ORDER:	24 SEPTEMBER 2004
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.The order number 1 of 15 September 2004 is varied, as follows:

The Federal Court Marshal be paid the sum of $643.64 for costs of the arrest and sale from the proceeds of sale of the vessel being 12 metre aluminium ship, identification number 2523Q, and Esanda Finance Corporation Ltd and Philip Denmeade each be paid out of the said proceeds $1,000 as reimbursement of their contribution to the Marshal’s costs of the arrest and sale of the ship.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY IN ADMIRALTY	Q 159  OF 2002

BETWEEN:	STINGRAY BOATS (a firm) APPLICANT
AND:	PHILIP DENMEADE RESPONDENT
Q 101 OF 2004
BETWEEN:	ESANDA FINANCE CORPORATION LTD (ACN 004 346 043) APPLICANT
AND:	THE PROCEEDS OF SALE OF THE VESSEL BEING 12M ALUMINIUM SHIP IDENTIFICATION NUMBER 2523Q RESPONDENT

JUDGE:	SPENDER J
DATE:	24 SEPTEMBER 2004
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. On 15 September 2004 I made orders in respect of the priority of claims against the funds in Court in the proceeds of sale of the 12 metre aluminium ship, identification number 2523Q.

2. In making those orders, the fact that Esanda Finance Corporation Ltd and Philip Denmeade had each paid $1,000 to the Marshal for his costs in respect of the arrest and sale of the vessel, was by inadvertence overlooked.  The sum of $10,000 which Stingray Boats had paid to the Marshal on account of the Marshal’s costs was taken into account in respect of the second order that I made on 15 September 2004. 

3. Pursuant to the slip rule, it is proper that the first order that I made on 15 September 2004 be altered so as to recognise the payments made by Esanda and Philip Denmeade to the Marshal on account of the Marshal’s costs.

4. All parties have today indicated their agreement with that altered order.  I therefore, in substitution for the first order made on 15 September 2004, order:

   The Federal Court Marshal be paid the sum of $643.64 for costs of the arrest and sale from the proceeds of sale of the vessel being 12 metre aluminium ship, identification number 2523Q, and Esanda Finance Corporation Ltd and Philip Denmeade each be paid out of the said proceeds $1,000 as reimbursement of their contribution to the Marshal’s costs of the arrest and sale of the ship.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Spender .

Associate:

Dated:            27 September 2004

Counsel for the Applicant: Q159/02	Mr Mark Gynther
Solicitor for the Applicant:	Lyon Smith Commercial Lawyers
The respondent appeared on his own behalf
Solicitor for the Applicant: Q101/04	Deacons Lawyers
Date of Hearing:	24 September 2004
Date of Judgment:	24 September 2004