Yulianto and others v The Ship “Glory Cape” - Supreme Ct of Western Australia (Murray J) - 30 November 1995

Crew members sustaining injuries after failing to launch liferafts and thereafter jumping overboard to escape attack from other crew members - Whether plaintiffs entitled to bring proceedings in rem against shipowners

The plaintiff crew members became involved in a dispute over wages and conditions with the Master and other crew members (“the Chinese crew”) of the vessel Glory Cape. The plaintiffs obtained the assistance of the ITF to resolve the dispute. The Master undertook that the ship would not sail until the dispute was resolved. The Master broke the undertaking and in the early hours of the morning the vessel prepared to sail. The plaintiffs, equipped with life jackets, attempted to discuss the matter with the Master. After the ship left port the plaintiffs decided to leave the ship. They attempted to use a liferaft but found that the quick release mechanism had been nullified. Before the plaintiffs could launch the liferaft the Chinese crew members (under the command of the Chief Officer) arrived with iron bars. When the plaintiffs refused to return to their cabins as ordered, they were assaulted by the Chinese crew members and suffered various injuries. The attack caused the plaintiffs to fear for their safety, and they jumped or fell into the sea. They were not rescued for over four hours and suffered personal injuries as a result of exposure to the elements.