MITSUI OSK LINES LTD V THE SHIP "YANGZE 22"

[2025] FCA 563, Federal Court of Australia, Sarah C Derrington J, 29 May 2025

Admiralty – Arrest – Application for release of vessel from arrest – Security for release – Letter of undertaking – Whether adequate security – Condition for expiry in the event shipowners establish limitation fund 'in any jurisdiction' – Limitation of Liability for Maritime Claims Act 1989 (Cth), section 6 – Admiralty Rules 1988 (Cth), Rule 52 – Convention on Limitation of Liability for Maritime Claims 1976 as amended

Following a collision between the vessel Yangtze 22 and the claimants' vessel Vega Dream in the approaches to the port of Shanghai in December 2024, the Yangtze 22 was arrested in the Port of Newcastle upon the claimants' application.