EMAS Offshore Pte Ltd v The Ship “APC Aussie 1” [2009] FCA 872

EMAS Offshore Pte Ltd v The Ship “APC Aussie 1” [2009] FCA 872

EMAS was refused leave to amend the writ in rem to add a new claim for indemnity against the demise charterer because T-D had ceased to be a relevant person due to the termination of the demise charter. The court found, in the exercise of its discretion, that it would not be just or appropriate to allow such an amendment, as proceedings in Admiralty should not allow arrest to be used as pressure on parties no longer liable, and the amendment would not be effective against the vessel's owner now in possession. The requirements of s 18 Admiralty Act 1988 (Cth) would not be satisfied.

Jurisdiction
Australia
Judgment Date
31 July 2009
Procedural Posture
Admiralty in Rem Proceeding / Interlocutory Application for Amendment of Writ After Arrest
Outcome
Plaintiff's motion dismissed. Plaintiff not permitted to amend writ. Ship ordered to be released from arrest.
Legal Topics
['amendment of Process' 'maritime Claims' 'demise Charterers' 'indemnity' 'release From Arrest']
['admiralty Law' 'practice and Procedure'] ['amendment of Process' 'maritime Claims' 'demise Charterers' 'indemnity' 'release From Arrest']

Case Brief

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Procedural Posture

Admiralty in Rem Proceeding / Interlocutory Application for Amendment of Writ After Arrest

Legal Issues

  1. 1 ['Whether the plaintiff can amend the writ in rem after arrest to add a new claim for indemnity against the demise charterer after the charterparty has been terminated' "Proper construction of 'maritime claim' and 'cause of action' under s 18 Admiralty Act 1988 (Cth)" 'Whether court should exercise discretion to grant amendment when relevant person ceased to be demise charterer']

Ratio Decidendi

EMAS was refused leave to amend the writ in rem to add a new claim for indemnity against the demise charterer because T-D had ceased to be a relevant person due to the termination of the demise charter. The court found, in the exercise of its discretion, that it would not be just or appropriate to allow such an amendment, as proceedings in Admiralty should not allow arrest to be used as pressure on parties no longer liable, and the amendment would not be effective against the vessel's owner now in possession. The requirements of s 18 Admiralty Act 1988 (Cth) would not be satisfied.

Court Disposition

Plaintiff's motion dismissed. Plaintiff not permitted to amend writ. Ship ordered to be released from arrest.

Orders

  • ["The plaintiff's motion be dismissed." "The plaintiff pay the defendant's costs in relation to the motion to amend the writ made today." 'The sum of $1,439,601.05 paid by APC Marine Pty Limited into court be placed in a bank account by the registrar and that such account be an interest bearing account if possible.'...