BURROWS V THE SHIP "MERLION"

[2024] FCA 220, Federal Court of Australia, Sarah C Derrington J, 13 March 2024

Admiralty – Ship arrest – Jurisdiction – Vessel agreed to be part trade for new vessel under construction – Receiving party entering into liquidation – Director of receiving party purporting to transfer ownership to third party – Application to strike out claims forming the basis of arrest – Proprietary maritime claims – Trust – Misleading or deceptive conduct – Conversion – Detinue – Combination of in rem and in personam claims – Application to strike out – Application for summary dismissal – Admiralty Act 1988 (Cth), sections 3, 4(2)(a), 9, 10, 11, 12, 13, 14, 16 and 19

TB was the registered owner of the yacht Merlion and intended to trade her in for a vessel to be built by PMY.