Stingray Boats v Denmeade [2004] FCA 1256

Stingray Boats v Denmeade [2004] FCA 1256

The first order made on 15 September 2004 was varied because the Court had inadvertently overlooked that Esanda Finance Corporation Ltd and Philip Denmeade had each paid $1,000 to the Marshal for costs of the arrest and sale of the vessel, and all parties agreed to the altered order.

Jurisdiction
Australia
Judgment Date
24 September 2004
Procedural Posture
Admiralty Proceeding Concerning Proceeds of Sale of a Vessel / Variation of Order Under the Slip Rule
Outcome
Order number 1 of 15 September 2004 varied.
Legal Topics
['slip Rule' 'arrest and Sale of Vessel' 'proceeds of Sale' "federal Court Marshal's Costs" 'priority of Claims']
['admiralty' 'civil Procedure'] ['slip Rule' 'arrest and Sale of Vessel' 'proceeds of Sale' "federal Court Marshal's Costs" 'priority of Claims']

Case Brief

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Procedural Posture

Admiralty Proceeding Concerning Proceeds of Sale of a Vessel / Variation of Order Under the Slip Rule

Legal Issues

  1. 1 ['Whether order number 1 of 15 September 2004 should be varied under the slip rule to recognise payments made by Esanda Finance Corporation Ltd and Philip Denmeade to the Marshal for costs of the arrest and sale of the vessel.']

Ratio Decidendi

The first order made on 15 September 2004 was varied because the Court had inadvertently overlooked that Esanda Finance Corporation Ltd and Philip Denmeade had each paid $1,000 to the Marshal for costs of the arrest and sale of the vessel, and all parties agreed to the altered order.

Court Disposition

Order number 1 of 15 September 2004 varied.

Orders

  • ["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...