DAN-BUNKERING (SINGAPORE) PTE LTD V THE SHIP YANGTZE FORTUNE (NO 3)

[2024] FCA 219, Federal Court of Australia, Stewart J, 12 March 2024

Admiralty – Judicial sale – Application for leave to claim out of time upon the fund constituted by the proceeds of judicial sale – Liability of the fund for demise charterer's debts – Charterparty terminated before judicial sale of ship – Applicant having elected not to take steps in the proceedings – Admiralty Act 1988 (Cth) sections 3(1), 17, 18, 19 and 24

On 2 December 2022, the vessel Yangtze Fortune had been arrested in proceedings commenced by Dan-Bunkering (DB). CMET, a bunker supplier, entered a caveat against release. Default judgment was entered for DB and on 11 January 2023, a judicial sale was ordered.