CMA CGM SA v Ship 'Chou Shan' [2014] FCA 74

Facts: There was a collision in the East China Sea about 100 nautical miles from the coast of China between a ship registered in Panama (Chou Shan ship) and a ship registered in England (CMA Ship). Both ships were required to pay security to Chinese authorities for claims for pollution and damage to fisheries. Actions were commenced in China, as well as Australia.  

Issue: Should a stay of proceedings be granted? Where did the tort occur? 

Held: Inter alia, the lex fori applies to tort claims in an EEZ, by analogy to collision on the high seas. The law of Western Australia, where the Court was sitting, applied.