Bruce Davis P/L as trustee for 'Centenary Star Trust' v Owner of the Ship 'Kestrel Bay' [2001] QSC 278

Transcript of Proceedings Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau . SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION JONES J Writ in Admiralty No 74 of 2000 BRUCE DAVIS PTY LTD as trustee for the "CENTENARY STAR TRUST" and THE OWNER OF THE SHIP "KESTREL BAY" CAIRNS .. DATE 09/07/2001 JUDGMENT 1 .:-;. t(:!'3_,~ •. 1i a1 Applicant/Plaintiff Respondent/Defendant . 4000. Tele hone: 07 3 47 4360. Fa simile: SU)l.2"7 -- 1 of 3 -- 09072001 TlS/JFG M/T CNS2/2001 (Jones J) HIS HONOUR: This is an application for leave to amend a writ and the title of the writ and to renew it for a further period of 12 months. The initiating proceedings describe the defendant as "the owner of the ship 'Kestral Bay,'" spelt K-E-S-T-R-A-L. The action is an action in rem relating to a collision between a ship and a vessel, "Centenary Star Trust." There has been a delay in the service of the writ by reason of having to f-ile preliminary acts in accordance with the Admiralty Rules and also because the vessel itself is one that is absent from its home port for extended periods of time. The search of the register of the vessel shows that its correct name is "Kestrel", spelt "K-E-S-T-R-E-L Bay", and that the correct description of the ship, as a party to the action requires the deletion of the words "the owner of." I grant leave to amend the title of the writ to effect those changes. The leave to renew the writ is taken out of abundance of caution in the case the writ cannot be served on the vessel prior to 16 July 2001 when the twelve month anniversary of the issue of the writ occurs. Rule 20 of The Admiralty Rules requires that an initiating process in an action of rem be served within the period of 12 months after issue, or for such further time that might be granted by leave of the Court. The application for the renewal of the writ is, as I have 20 said, taken in an abundance of caution in case service cannot 30 2 JUDGMENT -- 2 of 3 -- 09072001 Tl5/JFG M/T CNS2/2001 (Jones J) be effected in the remaining seven days of that 12 month period. HIS HONOUR: The amendment to the initiating process also requires the indication that the ship against which the action in rem is now made is as a surrogate for the ship that was actually involved in the collision. Coincidentally, the ship 10 involved in the collision and the surrogate, share the same name "Kestrel Bay", but the amended writ requires the attesting to the fact of surrogacy. This has been done in the draft writ which is Exhibit EBJ3 to the affidavit of Ms Jesurasingham. I make orders in terms of the draft initialled by me and placed with the papers. 3 JUDGMENT 20 -- 3 of 3 --