THE OWNERS OF THE SHIP "SHIN KOBE MARU" v EMPIRE SHIPPING COMPANY INC. [1994] HCA 54

The "Shin Kobe Maru" ("the vessel") is a Japanese registered cargo ship engaged in international trade as an ore carrier, including trade with Australia. The vessel was built for Seven Seas Transport Incorporated ("Seven Seas"), a company incorporated in Liberia. It was originally registered in Liberia as the "Seven Seas Conqueror". Seven Seas is a wholly owned subsidiary of United Transport Investment Incorporated ("UTI"), a company also incorporated in Liberia. The shares in UTI are owned equally by Navix Line Limited ("Navix"), a company incorporated in Japan, and Empire Shipping Company Inc. ("Empire"), a company incorporated in Panama and the respondent to this appeal. Navix was previously known as Yamashita-Shinnihon Steamship Co. Ltd. ("YSL") and entered into the various transactions with which this case is concerned in that name. It is convenient to refer to Navix as if it were still YSL. On 18th September 1975, Empire and YSL entered into a joint venture agreement which recited their agreement "to enter into and to jointly carry on the business of shipping". It also recited their shareholding in UTI, UTI's "establishment" of Seven Seas (although Seven Seas was in fact incorporated before UTI) and Seven Seas' agreement with a ship builder for the "construction and purchase of one ore carrier of about 116,000 tons". It further recited their willingness to execute the joint venture agreement "for the purposes of jointly own an ore carrier of about 116,000 tons"... Read more about this case: This case has been cited in the following lawsuits:
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  2. Blairgowrie Trading Ltd v Allco Finance Group Ltd (Receivers & Managers Appointed) (In Liq) [2015] FCA 811
  3. ALN15 v MINISTER FOR IMMIGRATION (No.2) [2015] FCCA 2054
  4. Haritos v Commissioner of Taxation [2015] FCAFC 92
  5. EL MASRI v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 1703
  6. Minister for Immigration and Border Protection v WZAPN WZARV v Minister for Immigration and Border Protection [2015] HCA 22; (2015) 89 ALJR 639
  7. Segelov v Ernst & Young Services Pty Ltd [2015] NSWCA 156
  8. Virtu Fast Ferries Ltd v The Ship “Cape Leveque” [2015] FCAFC 58; 321 ALR 471
  9. Independent Commission Against Corruption v Cunneen [2015] HCA 14; (2015) 89 ALJR 475
  10. Earglow Pty Ltd v Newcrest Mining Ltd [2015] FCA 328; 106 ACSR 49
  11. Amos v Wiltshire [2015] QCA 44
  12. ABATI & COLE [2015] FamCA 185
  13. MITSUI OSK LINES (THAILAND) CO LTD v JACK FAIR PTY LTD [2015] FCCA 558
  14. Independent Commission Against Corruption v Cunneen & Ors [2015] HCATrans 47
  15. Ban v The Public Trustee of Queensland [2015] QCA 18


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