Daebo Shipping Co Ltd v The Ship “Go Star” [2012] FCAFC 156 – Federal Ct (Keane CJ, Rares and Besanko JJ) – 7 November 2012

Tort – Bunkers – Conversion – String of time charters on Asbatime NYPE 1981 form – Charterers to “take over” bunkers on delivery – Shipowners refusing sub-charterers’ demand for redelivery of bunkers – Whether shipowners converted bunkers – Whether sub-charterers had title to sue shipowners for conversion – Whether shipowners liable for tort of inducing breach of contract – Lex loci delicti

The vessel Go Star was chartered under a string of time charters on the 1981 Asbatime New York Produce Exchange Form (the 1981 NYPE form). The charters were all on substantially back-to-back terms.