Arrest and Seizure - The Precarious Position of Bunkers Resolved
Scandinavian Bunkering AS v The Bunkers on Board The Ship FV "Taruman" [2006] FCAFC 75
The Full Federal Court has unanimously reaffirmed the position that bunkers form an integral part of a ship for the purposes of arrest and has resolved that bunkers are not divisible from the property in an arrested ship such as to be capable of separate arrest.
This decision further clarifies the position of the arrest of bunkers in Australian law that has been in doubt since the decision in the "Genco Leader" and is as yet unresolved in UK law.
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