Australian and New Zealand Maritime Law Journal

1992: Conference Proceedings
Articles

The Enforcement of Maritime Claims: Who Loses Out? A Paper (Commentary)

PDF
  • John G. Farquharson

Published 1992-10-24

Keywords

  • maritime lien,
  • maritime claim,
  • priority of claims,
  • ship sale fund,
  • action in rem,
  • cargo claim,
  • sister ship,
  • ship mortgage,
  • unregistered debenture,
  • Admiralty jurisdiction,
  • Admiralty Act 1973 (NZ),
  • Admiralty Act 1988 (Cth),
  • foreign maritime lien,
  • Shipping Registration Act 1981,
  • registered mortgage,
  • statutory right of action in rem,
  • proprietary maritime claim,
  • Australian Law Reform Commission,
  • cargo discharge costs,
  • cargo interest
    • ...More
    Less

Abstract

In this article, Farquharson comments on topics covered by Geoff Mercer, albeit not on his paper itself. Like Mercer, Farquharson comments on the decision in The Ship 'Betty Ott' v General Bills Limited [1992] NZLR 55, arguing that the case was decided wrongly, and comparing the approach taken in that case to how the issue would be settled in Australia. This paper also deals briefly with the question of priorities in the case of surrogate ship arrests, and the ranking of cargo claims in respect of discharge costs.

PDF