Dan-Bunkering (Singapore) Pte Ltd v The Ship Yangtze Fortune (No 3) [2024] FCA 219 - Federal Court of Australia (Justice Stewart) - 12 March 2024

Admiralty - In rem claim - Requirement for availability of in personam claim against demise charterer - Whether charter frustrated by judicial sale - Whether charter terminated for breach - Joinder

The vessel Yangtse Fortune was owned by SHSL and bareboat chartered to YFL on an amended Barecon 2001 form. DBS supplied bunker fuel to YFL for use by the vessel. On 10 November 2022 DBS issued a claim form in personam against YFL for sums owed to it. On 11 November 2022 YFL gave notice to SHSL that it was in "a very hard financial status" and that it could not perform its obligations under the charterparty. YFL purported to give "formal notice of termination" of the charterparty.