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Article: Ship Arrest - Plaintiff Not Permitted To Add New Claim To Writ In Rem Against Demise Charterer After Shipowner Has Terminated The Charterparty.(EMAS Offshore Pte Ltd v The Ship)(Case overview)
- Article from:
- Mondaq Business Briefing
- Article date:
- August 28, 2009
- Author:
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Judgment date: 31 July 2009
EMAS Offshore Pte Ltd v The Ship "APC Aussie 1" [2009] FCA 872 Federal Court of Australia1
In Brief The plaintiff arrested a barge pursuant to a maritime claim against the demise charterer of the barge. The owner of the barge then commenced proceedings against the plaintiff and terminated the demise charterparty. Rares J in admiralty refused the plaintiff's subsequent application to amend the writ by adding a contractual claim for indemnity against the demise charterer.
The effect of the amendment (if allowed) would have been to require the owner of the barge to post security for the full amount of its own claim ...