BHAGWAN MARINE PTY LTD V THE SHIP “TERAS BANDICOOT” (NO 2)

[2020] FCA 1481, Federal Court of Australia, McKerracher J, 14 October 2020

Admiralty – Judicial sale of ship – Application for valuation and sale of arrested ship pendente lite – Application unopposed – Owner of ship not intending to file a defence – Ship not crewed and in dead-ship status

The ship Teras Bandicoot had been arrested on 20 August 2020 (Bhagwan Marine Pty Ltd v The Ship “Teras Bandicoot” [2020] FCA 1224) in respect of a claim for unpaid mooring fees for the use of the plaintiff’s cyclone mooring. Following the arrest, the ship had been relocated by the Marshal but continued to incur mooring and other costs at a slower rate, and although the ship was in good condition there was a need for maintenance work including dry-docking. The owner did not intend to file any defence and had not proposed any security for release. The plaintiff now sought an order for appraisal and sale of the ship.