Kent v The Vessel "Maria Luisa" as Surrogate for the Vessels "Monika" and "Boston Bay" - Federal Court of Australia (Full Court - Moore, Tamberlin & Hely JJ) - 16 May 2003

Admiralty - In rem proceedings against surrogate vessel - Surrogate vessel owned by Unit Trust - Relevant person was the owner of all units in Unit Trust - Whether relevant person beneficial owner of surrogate vessel

The appellant (Kent) was employed by South Australian Marine Farm Pty Ltd as a diver and deckhand in the tuna farming industry. During the course of his employment, he claimed to have sustained personal injury by the progressive onset of decompression illness. Whilst so employed, the appellant worked off the Monika and the Boston Bay (the alleged wrongdoing vessels) and off other vessels. The Monika was owned by Simone Fisheries Pty Ltd as trustee of the Simone Fisheries Unit Trust. The Boston Bay was owned by Blazar Fisheries Pty Ltd as trustee of the Blazar Unit Trust. The sole beneficiary of each of those trusts was Australian Fishing Enterprises Pty Ltd ("AFE").