PROGRAMMED TOTAL MARINE SERVICES PTY LTD V THE SHIP "HAKO FORTRESS"

[2012] FCA 805, Federal Court of Australia, McKerracher J, 1 August 2012

Admiralty - Arrested ships - Application by defendant ships to set aside writs and arrest warrants in in rem proceedings - Plaintiff supplier of manning services to vessels having a maritime claim against demise charterer - Whether the demise charterer had the necessary possession and control of the ships at time of the arrests - Whether charter of one vessel terminated - Whether plaintiff had a maritime lien - Whether assignment of deed for supply of manning services had taken place - Admiralty Act 1988, sections 4, 15, 18 - Arrest Convention 1952

Four ships, Hako Fortress, Hako Esteem, Hako Excel and Hako Endeavour were under arrest upon the application of the claimant, PTMS, a provider of manning services. There was a tripartite deed between PTMS, the demise charterer and a third party for whom the four ships were being used, whereby the third party would receive an assignment of debt upon payment to PTMS. The grounds for PTMS's claim were as follows.