VIRTU FAST FERRIES LTD v THE SHIP “CAPE LEVEQUE”

[2015] 2 Lloyd's Rep. 222

FEDERAL COURT OF AUSTRALIA

Before Alsop, Mansfield, McKerracher

Admiralty – Jurisdiction – Surrogate ship – Plaintiff bringing arbitration proceedings against shipbuilder alleging defects in construction of plaintiff's vessel – Plaintiff filing action in rem against surrogate ship – Plaintiff's ship under construction and not yet launched when causes of action arose – Whether plaintiff entitled to arrest surrogate ship – Admiralty Act 1988 (Cth), section 19(a).