ING Bank NV and Others v Canpotex Shipping Services Ltd and Others – Federal Court of Appeal (Nadon, Dawson and Webb JJA) – 10 March 2017

Practice – Interpleader – Liability for payment of supply of bunker following collapse of OW Bunker Group – Entitlement to trust funds deposited by party seeking to interplead

Canpotex Shipping Services Ltd (Canpotex) were the time charterers of the vessels Star Jing and Ken Star under charterparties on the NYPE form. It was Canpotex’s responsibility to provide and pay for all bunkers required by the vessels and to ensure that no lien or encumbrance incurred by it and its agents would have priority over the title and interest of the owners of the vessels.