THE PFALZ

[1922] VLR 286·CUSSEN, J.
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[1922] VLR 286
1922 VLR 286
THE PFALZ (a) Supreme Court of Victoria CUSSEN, J. October 26, 1921, 28 November 1921 Admiralty — Prize — Enemy ship in Victorian port at outbreak of war — Order for detention in lieu of confiscation — Subsequent motion for condemnation of ship — Power of Court to vary order — Right of ship to benefit of Sixth Hague Convention — Reciprocal obligations created by Sixth Hague Convention — Effect of Armistice terms and terms of Peace Treaty on rights created under Sixth Hague Convention — Liability of ship to condemnation by reason of Armistice terms and terms of Peace Treaty — Sixth Hague Convention (18th October 1907) — Articles 1, 2, 6 — Proclamation of the 6th October 1914 — Prize Court Rules (1914) — Order XXXVIII., r.], Appendix A, Form 53, II. and IV. — Article 30 of Armistice terms, 11th November 1918 — Convention prolonging Armistice with Germany, 16th January 1919 — Versailles Treaty of Peace (10th January 1920), Articles 236, 244, Annex III., Articles 297 (b), 439, 440 .

At 7.30 a.m. on the 5th August 1914 the steamship Pfalz, 6,750 tons, the property of a German company, left its berth at Victoria Dock and proceeded in charge of a river pilot to Williamstown, and thence, in charge of a bay pilot, towards Port Phillip Heads. At 9 a.m. (Victorian time) war was declared by His Majesty against Germany. When leaving the South Channel a direction appears to have been given from a pilot boat that the ship should proceed to sea, but when so proceeding, and abreast of Queenscliff, a cannon-shot was fired from the fort across the ship’s bow, and, in response to signals from Point Lonsdale, the ship stopped. Someone from the pilot boat directed that the vessel should go back to port again. The ship was then turned about, and proceeded to the anchorage at Williamstown. There she was seized for the Crown by a Customs officer and an armed naval guard. Some of the cargo on board was destined for the German Government or for German subjects, and in some cases the ultimate destination was to German territories.

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[1922] VLR 286

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