Reiter Petroleum Inc v The Ship “Sam Hawk” – Federal Court of Australia (McKerracher J) [2015] FCA 1005 – 11 September 2015

Admiralty jurisdiction – Action in rem – Time-charterers failing to pay for bunkers supplied to vessel – Bunker suppliers arresting vessel in Australia on basis of maritime lien under United States or Canadian law – Whether foreign maritime lien recognised under Australian law – Whether court had in rem jurisdiction – Whether shipowners entitled to summary judgment

The Egyptian time charterers of the Hong Kong-registered vessel Sam Hawk contracted with the plaintiffs, a Canadian company, to supply bunkers to the vessel in Turkey. The plaintiffs alleged that they had supplied the bunkers but had not been paid. They arrested the vessel in Albany, Western Australia, contending that the vessel’s owners were liable to pay for the bunkers.