Reiter Petroleum Inc v The Ship “Sam Hawk” – Federal Court of Australia (Full Court) (Allsop CJ, Kenny, Rares, Besanko and Edelman JJ) [2016] FCAFC 26 – 28 September 2016

Admiralty jurisdiction – Action in rem based on maritime lien – 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

On 7 December 2013 the Hong Kong-registered vessel Sam Hawk was supplied with bunkers in Istanbul. The supply was procured by a Canadian company, Reiter Petroleum Inc, which was not paid for the supply. Reiter Petroleum filed an in rem writ on 5 November 2014 in respect of the unpaid invoice for US$122,675, and subsequently procured the arrest of Sam Hawk in Albany in Western Australia.