船舶交付给了期租租家，而租家却未能如约支付租金和船上燃油款，这种情况时有发生。
许多案例都是关于租家未如约支付租金时，船东的法律权利。但是如果租家没有支付油款，那船上燃油的法定所有权还属于船东吗？
最近，澳大利亚法院判决案例(The Go Star)(2012) FCAFC 156中，二船东把船转租给下一个租家，但该下租家未能如约支付船上燃油款。由于二船东未支付租金，原船东撤船，二船东起诉原船东侵占船上燃油价值。
详细信息请参阅附件。
Does time charterer own the bunkers which they have not paid
There may be occasions where the vessel is delivered to time charterers who have failed to pay hire and failed to pay the cost of bunkers.
There are legal cases on the rights of the owner in the event of the charterer’s failure to pay hire, but does the legal ownership in the bunkers remain with the shipowners if they are not paid for by the charterers ?
In a recent Australian Court case of (The Go Star)(2012) FCAFC 156, the disponent owner sub chartered the vessel out but the cost of bunkers were not paid by sub charterer. When the vessel was withdrawn by head owners due to defaults in hire payments, the disponent owner sued the head owner for the cost of bunkers on the ground of conversion.
See attached file: ALCO20130038 Does time charterer own the bunkers which they have not paid.pdf
