Conflict of Laws and Vessel Ownership

[2005] Lloyd's Maritime and Commercial Law Quarterly 424-430

10 Pages Posted: 21 Mar 2015

See all articles by Paul Myburgh

Paul Myburgh

Auckland University of Technology Law School ; Centre for Maritime Law, NUS

Date Written: March 19, 2005

Abstract

Analysis of the Federal Court of Australia's conflict of laws approach to determining beneficial ownership of foreign-registered vessels in Tisand (Pty) Ltd v. The Owners of the Ship MV Cape Moreton (ex Freya) [2005] FCAFC 68, 29 April 2005, and a comparison with the approaches adopted in Singapore, New Zealand and the UK. The author concludes that the court’s meticulous and sophisticated analysis of the characterisation and choice of law issues, and its adoption of a principled, commonsense and internationalist conflicts approach, sets a new benchmark for the treatment of foreign vessel ownership disputes in the context of admiralty jurisdiction.

Keywords: Australia, admiralty jurisdiction, private international law, ownership, foreign, flag, registration, ship

JEL Classification: K1, K3, K33, K4, K41

Suggested Citation

Myburgh, Paul, Conflict of Laws and Vessel Ownership (March 19, 2005). [2005] Lloyd's Maritime and Commercial Law Quarterly 424-430, Available at SSRN: https://ssrn.com/abstract=2581207

Paul Myburgh (Contact Author)

Auckland University of Technology Law School ( email )

Private Bag 92006
Auckland, 1142
New Zealand

HOME PAGE: http://academics.aut.ac.nz/paul.myburgh

Centre for Maritime Law, NUS ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

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