QLD Right to Documents and Receive Goods - Can ECU Worldwide Refuse?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Rick Francis

Active Member
18 December 2018
6
0
31
Actually scratch that - if ECU did the shipping then it wouldn't be GWC's ship.

Can a maritime lien even exist if GWC is only an agent and not directly involved in the actual shipping? The more I think about this the more confusing it gets.
Scruff, you sir are a bloody genius. Throughout all of this I have missed one obvious point. There does not appear to be a Legal Injunction or Lien in place, something I will chase up as soon as the Canadian business day kicks of. Neither company has made reference to legal proceedings, just claim and counter claim on this supposed debt.
Without a Lin in place I'm thinking Aust law will fall in my favor and the good able to be picked up.. Thx
 

Rick Francis

Active Member
18 December 2018
6
0
31
Okay, got it now. So ECU actually did the shipping which means that there would have been a payment from GWC to ECU in regard to your shipment.

What a mess.

This may be of interest. Perhaps one of the lawyers (accepting that they don't specialize in this area) may be able to explain it. (I don't understand a lot of the terminology.)

Of particular interest is the author's conclusion at #2 under the heading "What does this mean?"
Limiting foreign influences on Australian maritime liens - SV Partners

I would be interested to know if they have stopped the ship from leaving port and if not, if it is still legal to withold cargo. From the little i've read and actually understood, a maritime lien must include the ship.
Very interesting article and what triggered the moment of clarity...
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
Neither company has made reference to legal proceedings, just claim and counter claim on this supposed debt.
Without a Lin in place I'm thinking Aust law will fall in my favor and the good able to be picked up.
Let us know how you go - this is a really interesting situation.

My main concern is that if it's not GWC's ship, then I think ECU may be abusing maritime law here. It might be worth demanding that ECU immediatley provide in writing a full explanation of why they are refusing to release the goods, and under what law they claim to be exercising this right.

The way I understand things so far, is that a maritime lien is supposed to be a mechanism of action against a ship owner. If GWC doesn't own the ship, then I don't see how there can be any lien under maritime law. If that's the case, then I don't see how what ECU is doing is in any way legal.