Dan-Bunkering (Singapore) Pte Ltd v The Ship "Yangtze Fortune" [2024] FCA 1149

Shipowner claiming demise charter hire from proceeds of judicial sale

These proceedings involved competing claims between three claimants against a fund from the proceeds of the judicial sale of Yangtze Fortune. The first issue was whether the claim of the registered owner of the vessel could be brought against the fund to recover unpaid bareboat charterparty hire. The second issue was as to the priorities of the valid claims in the distribution of the fund. The Federal Court of Australia held that the three claimants should each participate pari passu in the fund.