The Ship “Hako Endeavour” v Programmed Total Marine Services Pty Ltd (WAD 189 of 2012)

JurisdictionAustralia Federal only
CourtFull Federal Court (Australia)
Judgment Date2013
Neutral Citation[2013] FCAFC 21
Date2013
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9 cases
  • The "Chem Orchid"
    • Singapore
    • High Court (Singapore)
    • 18 February 2015
    ...... with a ship; and . . . ... 11 October 2012 and the last almost a year later in September ...(“Sejin”), another Korean company, for a total period of 108. months (“the ...In Ships “Hako Endeavour”, “Hako Excel”,. ... Esteem” and “Hako Fortress” v Programmed. Total Marine Services ... York law [see Dicey & Morris 13th ed., 32-189]. . . . . ......
  • TerraCom Ltd v Australian Securities and Investments Commission
    • Australia
    • Federal Court
    • 11 March 2022
    ...of Wollongong v Metwally (No 2) [1985] HCA 28; 60 ALR 68 at 71; Ship Hako Endeavour v Programmed Total Marine Services Pty Ltd [2013] FCAFC 21; 211 FCR 369 at [47] per Siopis, Rares and Buchanan JJ.41 For those reasons, I find that at least the dominant, if not the sole, purpose of the prep......
  • PKT Technologies Pty Ltd (formerly known as Fairlight.Au Pty Ltd) v Peter Vogel Instruments Pty Ltd
    • Australia
    • Full Federal Court (Australia)
    • 5 December 2019
    ...71 lns 35-45; Nudd v R [2006] HCA 9; 225 ALR 161 at [9] per Gleeson CJ; Ship Hako Endeavour v Programmed Total Marine Services Pty Ltd [2013] FCAFC 21; 211 FCR 369 per Rares J at [46]-[47].80 PVI submitted before us that it should be allowed to go back on its election because the outcome of......
  • Glencore Coal Assets Australia Pty Ltd v Australian Competition Tribunal
    • Australia
    • Full Federal Court (Australia)
    • 24 August 2020
    ...and see The Ships “Hako Endeavour”, “Hako Excel”, “Hako Esteem” and “Hako Fortress” v Programmed Total Marine Services Pty Ltd [2013] FCAFC 21; 211 FCR 369 at 372 [1], 386–388 [53]–[59], 404–405 [138]–[140].117 The importance of the possession and control given by the demise charter and the......
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2 firm's commentaries
  • Navigating Australian admiralty law: The ability to claim against and arrest a ship in Australian waters
    • Australia
    • Mondaq Australia
    • 21 March 2014
    ...18 of the Act. 8Ships 'Hako Endeavour', 'Hako Excel', 'Hako Esteem' and 'Hako Fortress' v Programmed Total Marine Services Pty Ltd [2013] FCAFC 21 at [54] - [55]. 9Section 19 of the Act. 10Owners of the Ship 'Shin Kobe Maru' v Empire Shipping Company Inc (1994) 181 CLR 404 at 426. 11Typical......
  • Arrest of tug boats for unpaid costs of providing master and crew
    • Australia
    • Mondaq Australia
    • 1 May 2013
    ...In the case of Ships "Hako Endeavour", "Hako Excel", "Hako Esteem" and "Hako Fortress" v Programmed Total Marine Services Pty Ltd [2013] FCAFC 21, the issues were: were the arrests of the tugs valid? Had the bareboat charter been terminated? To whom had the services been supplied? Was the c......
2 books & journal articles
  • The Owner's Vulnerability to the Liabilities of the Demise Charterer
    • Australia
    • Australian and New Zealand Maritime Law Journal Nbr. 29-2, October 2015
    • 1 October 2015
    ...Giuseppe di Vittorio. 2 International Convention Relating to the Arrest of Sea-going Ships (Arrest Convention), 1952, 439 UNTS 6330. 3 (2013) 211 FCR 369, 386 [54] (Rares J), 372 [1] (Siopis J), 404 [138] (Buchanan J). 4 Ibid 386 [55], citing inter alia, The Andrea Ursula [1973] QB 265, 269......
  • Admiralty, Shipping and Aviation Law
    • Singapore
    • Singapore Academy of Law Annual Review Nbr. 2015, December 2015
    • 1 December 2015
    ...decisions of Ships ‘Hakao Endeavour’, ‘Hako Excel’, ‘Hako Esteem’ and ‘Hako Fortress’ v Programmed Total Marine Services Pty Ltd(2013) 296 ALR 265 and ASP Holdings Ltd v Pan Australia Shipping Pte Ltd(2006) 235 ALR 554, where the Australian courts had proceeded to consider the validity of p......

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