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Delaware North Marine Experience Pty Ltd v The Ship "Eye-Spy" [2017] FCA 708

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ADMIRALTY- bareboat charter - whether charter breached due to failure to exercise due diligence to make vessel seaworthy - whether damage to vessel a result of a latent defect - whether the plaintiff's crew took delivery of the crew "as is, where is" - whether damage to vessel caused by the negligence of the plaintiff's crew - whether plaintiff relieved from strict compliance with redelivery obligations pursuant to the charter - whether redelivery clause of charter imposes a penalty and is therefore unenforceable. ADMIRALTY - Admiralty Act 1988 (Cth) s 34(1)(a)(i) - excessive security - whether the security sought for the release of the vessel from arrest was excessive, unreasonable and without good cause.

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