Programmed Total Marine Services Ltd v The Ship “Hako Fortress” – Fed Ct of Australia (McKerracher J) – 1 August 2012

Admiralty jurisdiction – Supplier of crewing services to ships bringing maritime claims in rem against four vessels following non-payment – Whether customer was demise charterer of vessels at time of arrest – Whether customer had assigned debt to third party – Whether claim to be characterised as maritime claim – Whether claimant entitled to be subrogated to crewmembers’ maritime lien

The plaintiff (“PTMS”) was a supplier of manning services to ships. By a Deed of Continuing Services and Assignment of Debt (“the Deed”) executed on 7 April 2011 between PTMS, Hako Offshore Pte Ltd (“Hako Offshore”) and Boskalis Australia Pty Ltd (“Boskalis”) PTMS supplied manning services including crew to the vessels Hako Fortress, Hako Esteem, Hako Excel and Hako Endeavour.