Virtu Fast Ferries Ltd v The Ship “Cape Leveque” – Federal Ct of Australia (Full Ct) (Alsop CJ, Mansfield and McKerracher JJ) [2015] FCAFC 58 – 30 April 2015

Admiralty – Jurisdiction – Surrogate ship – Plaintiff bringing arbitration proceedings against shipbuilder alleging defects in construction of plaintiff’s vessel – Plaintiff filing action in rem against surrogate ship – Plaintiff’s ship under construction and not yet launched when causes of action arose – Whether plaintiff entitled to arrest surrogate ship

On 18 February 2015 the appellant Virtu Fast Ferries Ltd (Virtu) filed a writ in rem against the ship Cape Leveque, then under construction at the shipyard of the second respondent, Austal Ships Pty Ltd (Austal), in Western Australia. Cape Leveque , the first respondent, was said to be a surrogate for the ship Jean de la Vallette.