In brief - Case could be heard in Federal Court of
Australia
In the case
Atlasnavios Navegazao LDA v The Ship "Xin Tai Hai"
[2012] FCA 1497 (24 December 2012), Rares J in the Federal
Court of Australia had to consider whether firstly, a party seeking
the issue of an arrest warrant to arrest a ship is in a similar
position to a party seeking ex parte injunctive relief, ie under a
duty to give full disclosure to the court, and secondly, whether
the proceedings should be stayed on the basis that Australia was an
inappropriate forum.
Collision causes sinking of vessel
A collision which caused the sinking of the "B
Oceania" occurred in the Straits of Malacca on 29 July 2011,
between the "B Oceania", owned by the plaintiff, a
Portuguese company (ATLAS) and the "Xin Tai Hai", owned
by China Earth Shipping Inc, a Panamanian company.
