Atlasnavios Navegacao Lda v The Ship “Xin Tai Hai” (No 2) [2012] FCA 1497 – Federal Ct (Rares J) – 24 December 2012

Admiralty practice – Arrest – Party seeking issue of arrest warrant not disclosing existence of proceedings in another jurisdiction – Whether duty to disclose – Whether arrest should be set aside – Whether proceedings should be stayed on ground of inappropriate forum

On 29 July 2011 the vessels B Oceania and Xin Tai Hai collided in the Straits of Malacca as a result of which B Oceania sank. The owners of B Oceania were Atlasnavios Navegação LDA (Atlas), and the owners of Xin Tai Hai were China Earth Shipping Inc (China Earth).