MITSUI OSK LINES LTD AND ANOTHER V THE SHIP: YANGZE 22 (NO 2)

[2026] FCA 476, Federal Court of Australia, General Division, New South Wales Registry, Sarah C Derrington J, 22 April 2026

Admiralty – Jurisdiction – Forum non conveniens – Collision in Chinese territorial waters – Application for permanent stay – Australia a clearly inappropriate forum – Proceedings in China on same facts – Party opposing the stay submitted to Chinese jurisdiction – Legitimate juridical advantage – Admiralty Act 1988 (Cth) sections 4(3)(a), 15(2) – Limitation of Liability for Maritime Claims Act 1989 (Cth) section 6 – Trans-Tasman Proceedings Act 2010 (Cth)

The defendant Singapore-registered vessel Yangze 22 had on 30 December 2024 been in a collision with the claimants' vessel Vega Dream in the inbound traffic lane towards the Port of Shanghai, in the territorial seas of China and causing pollution damage in its internal waters.