Publiée 2010-10-13
Mots-clés
- surrogate ship arrest,
- ship arrest,
- sister ship,
- Admiralty jurisdiction,
- Admiralty Act 1988 (Cth)
- action in rem,
- proprietary maritime claim,
- general maritime claim,
- maritime lien,
- relevant person test,
- The 'Gem of Safaga' ...##plugins.themes.classic.more##
Résumé
In this paper, Taylor discusses surrogate ship arrest. By way of introduction, before dealing with some of the complexities of the topic, she outlines the relevant underlying principles. The bulk of the paper is taken up by discussion of the case The Ship 'Gem of Safaga' v Euroceanica (UK) Ltd (2009) 182 FCR 27, which involved complex questions about ownership of a surrogate vessel and especially the 'relevant person' test (that is, all co-owners of a surrogate ship must be relevant persons in respect of the subject claim, and the relevant person must be the owner of both vessels).