BURROWS v THE SHIP “MERLION”

[2025] Lloyd's Rep. Plus 69

FEDERAL COURT OF AUSTRALIA

Before Justice Sarah C Derrington

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.