Empire Shipping Co. Inc. v. The Shin Kobe Maru - Federal Court of Australia (Gummow J.) - 28 October 1991

Admiralty practice & procedure - Application to set aside originating process - Whether proprietary maritime claim - Constitutional law

The plaintiff brought in rem proceedings against the owners of the ship Shin Kobe Maru . The plaintiff argued that it had a proprietary maritime claim against the ship and that the proceedings were properly instituted as an action in rem . The defendant disputed this and sought to have the proceedings set aside.