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ARTICLE · 17 MARCH 2024

Answering the perennial question – When is a ship not a ship?

Holding Redlich
Holding Redlich
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Holding Redlich

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Useful guideposts in determining whether a floating fish farm could be considered a ship in Australian waters.

AustraliaTransport
Geoff Farnsworth
Geoff Farnsworth
Jonathon Parkin
Jonathon Parkin
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In the case of Vallianz Shipbuilding & Engineering Pte Ltd v Owner of the vessel "ECO SPARK" [2023] SGHC 353 (The Eco Spark) and in what Mohan J said was, surprisingly, "the first time this question is squarely before our courts", the High Court of Singapore had to determine whether a floating fish farm could be considered a 'ship' for the purposes of invoking the courts admiralty jurisdiction. The proceedings in The Eco Spark were brought to set aside the warrant of arrest issued against the vessel 'ECO SPARK', the logic being that only a 'ship' can be amenable to maritime jurisdiction.

In this article we take a look at The Eco Spark and ask whether there are any lessons for Australian practitioners?

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