STX Pan Ocean Co Ltd v Tri Bulk Shipping Co Limited [2011] FCA 704

STX Pan Ocean Co Ltd v Tri Bulk Shipping Co Limited [2011] FCA 704

It is appropriate to grant the plaintiff's nominated marine surveyor authority to inspect the vessel prior to repairs or further cleaning, in order to enable the plaintiff to preserve and assess evidence relevant to its potential action for breach of seaworthiness. The order is made ex parte due to urgency and practical difficulties with service and remains interim pending a further hearing.

Parties
Plaintiff: STX Pan Ocean Co Ltd; First Defendant: Tri Bulk Shipping Co Limited; Second Defendant: Rannveig Shipping Co Limited
Jurisdiction
Australia
Judgment Date
06 June 2011
Procedural Posture
Urgent Application in Admiralty / Interlocutory (ex Parte Orders for Inspection and Preliminary Discovery)
Outcome
Interim inspection order granted ex parte; matter adjourned for further hearing; defendants may apply to vary the order; costs reserved.
Legal Topics
Inspection of Vessel, Preliminary Discovery, Seaworthiness, Interim Relief
Admiralty Maritime Law Inspection of Vessel Preliminary Discovery Seaworthiness Interim Relief

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Parties

STX Pan Ocean Co Ltd

Plaintiff

Tri Bulk Shipping Co Limited

First Defendant

Rannveig Shipping Co Limited

Second Defendant

Procedural Posture

Urgent Application in Admiralty / Interlocutory (ex Parte Orders for Inspection and Preliminary Discovery)

Legal Issues

  1. 1 Whether applicant's marine surveyor should be allowed urgent access to inspect the vessel prior to repairs or further cleaning to preserve evidence relevant to a potential cause of action for lack of seaworthiness
  2. 2 Whether preliminary discovery and document production should be permitted prior to the commencement of substantive proceedings

Ratio Decidendi

It is appropriate to grant the plaintiff's nominated marine surveyor authority to inspect the vessel prior to repairs or further cleaning, in order to enable the plaintiff to preserve and assess evidence relevant to its potential action for breach of seaworthiness. The order is made ex parte due to urgency and practical difficulties with service and remains interim pending a further hearing.

Court Disposition

Interim inspection order granted ex parte; matter adjourned for further hearing; defendants may apply to vary the order; costs reserved.

Orders

  • The plaintiff's expert/marine surveyor may inspect and document specified parts of the vessel at Fremantle and/or Kwinana ports.
  • The plaintiff is to notify the defendants of the order as soon as possible by specified means.