CARAVELLE INVESTMENTS LTD. v. MARTABAN LTD. AND KING & CO. (THE “CAPE DON”)

[2000] 1 Lloyd's Rep. 388

AUSTRALIA FEDERAL COURTVICTORIA DISTRICT REGISTRY IN ADMIRALTY

Before Mr. Justice Finkelstein

Sale of ship - Jurisdiction - Interlocutory injunction - Negotiations for sale - During negotiations plaintiff paid money to second defendant - Allegation that no contract for sale made - Plaintiff sought return of moneys - Whether claim “relating to” ownership of ship - Whether Court had jurisdiction to entertain claim - Whether plaintiff entitled to interlocutory injunction restraining second defendant from paying moneys over to first defendant - Australian Admiralty Act, 1988, s. 4(2)(a).