10 November 2008:BHPB Freight Pty Ltd v Cosco Oceania Chartering Pty Ltd (No 2) [2008] FCA 1656 PRACTICE AND PROCEDURE – application to bring a cross-claim under Pt VIA of the Trade Practices Act 1974 (Cth) and Pt IVAA of the Wrongs Act 1958 (Vic) – application of s 79 Judiciary Act 1903 (Cth) – properly constituted action
16 October 2008:Livestock Transport & Trading v Australian Maritime Safety Authority (No 2) [2008] FCA 1544 ADMIRALTY – foreign-flagged vessel was refused permission to load livestock because it did not comply with parts of Marine Orders Pt 43 – whether O 12.2 and s 6.6 of Appendix 4 of the Marine Orders are inconsistent with Div 12C of Pt IV of the Navigation Act 1912 (Cth) to the extent they apply to foreign-flagged vessels
3 October 2008: Mei Ying Su v Australian Fisheries Management Authority No 2 [2008] FCA 1485 CRIMINAL – Strict liability offences – mistake of fact – whether mistake of fact or law – whether affirmative belief as to fact – whether mistaken belief reasonable
ADMIRALTY – Forfeiture of foreign fishing vessel – civil proceedings to prevent forfeiture – onus of proof and standard of proof – whether vessel being used for offence – purpose of enforcement provisions – purpose of reasonable mistake of fact defence
5 August 2008:Elbe Shipping SA v Giant Marine Shipping SA [2008] FCA 1135 ADMIRALTY – ship under tow – liability of ship under tow for loss and damage caused by tug – imputation of liability under contract – cannot be relied upon by third party
PRACTICE AND PROCEDURE – summary judgment and judgment on admissions – entering such a judgment for the plaintiff without appropriate orders
6 March 2008:Lampson (Australia) Pty Ltd v Australian Crane & Machinery Pty Ltd [2008] FCA 400 PRACTICE AND PROCEDURE – summary judgment – s 31A(1) Federal Court of Australia Act 1976 (Cth) – test to be applied – whether reasonable prospect of successful defence
PRACTICE AND PROCEDURE – award of interest under s 51A Federal Court of Australia Act 1976 (Cth) – adopt rates of interest applied by Supreme Court of State or Territory in which Court is sitting
CONTRACTS – contracting parties – general principles – contracting parties to be identified by consideration of objective intention of parties
14 December 2007:Hilditch Pty Ltd v Dorval Kaiun KK (No 2) [2007] FCA 2014 SHIPPING AND NAVIGATION – carriage of goods by sea – bill of lading – endorsement in blank – effect of – whether bill became a bearer bill by being endorsed in blank – whether delivery of bill of lading endorsed in blank was sufficient to vest property in cargo in the bearer of the bill – where endorsed bill was one of a set of three – whether necessary separately to endorse all three original bills of lading for the bearer to be able to claim delivery of the goods
SHIPPING AND NAVIGATION – carriage of goods by sea – contamination of cargo – point at which contamination occurred – whether carrier complied with its obligations to properly and carefully discharge the cargo under Art 3 r 2 of the amended Hague Rules
SHIPPING AND NAVIGATION – discharge of cargo – where cargo in good condition in ship’s tanks but later discharging at the ship’s manifold in a contaminated condition – where portion of cargo slopped at the direction of the owner of the goods – where cargo remained visibly contaminated at the conclusion of slopping – where owner of the goods permitted discharge to continue – whether owner of the goods was responsible for any part of its claimed loss in these circumstances – whether conduct of the owner of the goods constituted an act or omission under Art 4 r 2(i) of the amended Hague Rules – concurrent causes of a loss
SHIPPING AND NAVIGATION – contamination of cargo – whether notice of loss or damage of cargo given in writing to the carrier 'at the time of' discharge for the purposes of Art 3 r 6 of the amended Hague Rules
PRACTICE AND PROCEDURE – interest under s 51A of the Federal Court of Australia Act (1976) – method of calculating pre-judgment interest
3 October 2007: Heilbrunn v Lightwood PLC [2007] FCA 1518 ADMIRALTY AND MARITIME JURISDICTION– meaning of “a claim arising out of an agreement that relates to carriage of goods by a ship” for s 4(3)(f) of the Admiralty Act 1988 – whether damage to goods caused by a warehouseman acting under an agreement with a freight forwarder who undertook to carry the goods by land and sea, loading a shipping container at its premises prior to transportation to the port for loading on board ship fell within the provision – whether the proceeding should be dismissed or stayed because of a time bar or exclusive jurisdiction clause
31 May 2007:C V Sheepvaartonderneming Ankergracht v Stemcor (A/sia) Pty Limited [2007] FCAFC 77 SHIPPING AND NAVIGATION – carriage of goods by sea – liability for damage to steel coils by corrosion before or during voyage – effect of amended Hague Rules as defined in s 7 of Carriage of Goods by Sea Act1991 (Cth) – whether vessel unseaworthy for voyage from northern winter to southern hemisphere summer because not fitted with dehumidifiers – seaworthiness – cargoworthiness – whether carriers established exercise of due diligence – whether carrier failed to carry, keep and care for coils properly and carefully – effect of ventilation of non-hygroscopic cargoes during voyage – application of dew point rule – whether packaging of steel coils sufficient – effect of evidence of standard industry practice of wrapping steel coils – whether carriers established inherent defect, quality or vice.
United Kingdom 7 December 2007:Cereal Investments Company SA v ED&F Man Sugar Ltd [2007] EWHC 2843 (Comm) BILLS OF LADING – where letter of credit require presentation of bill by certain date – where seller required option that bill be dated after that date – whether seller’s conduct amounted to repudiation of contract of sale.
9 November 2007:Air and General Finance Limited v RYB Marine Limited [2007] CSOH 177 ADMIRALTY AND MARITIME – sale of vessel under finance – where vessel purportedly sold to subsequent party – where registered mortgagee sought to enforce rights of sale upon default of original purchaser – where subsequent purchaser’s claim for breach of warranty as to title not yet determined – whether subsequent purchaser’s claim for breach of warranty could amount to a special lien over the vessel – whether mortgagee’s power to sell affected by subsequent purchaser’s claimed lien.
17 October 2007: Premium Nafta Products Limited v Fili Shipping Company Limited [2007] UKHL 40 CHARTERPARTIES – Shelltime 4 form – where charters allegedly obtained by bribery – where owners purported to rescind charterparties – whether validity of attempt to rescind to be determined by arbitration or by a court.
31 July 2007:The “Vasiliy Golovnin” [2007] SGHC 116 Admiralty – action in rem – charter party – amended New York Produce Exchange (NYPE) terms – port of discharge named in three of the four bills of lading – change of discharge port – damage to cargo – setting aside of warrant of arrest of chartered vessel – failure to disclose material facts – issue estoppel – refusal to order damages for wrongful arrest of sister ship – High Court (Admiralty Jurisdiction) Act (Cap 123, 1985 Rev Ed), s 3(1)(g)and (h).
13 July 2007:Carewins Envelopment (China) Limited v Bright Fortune Shipping Ltd BILLS OF LADING – application of “presentation rule” to straight bills of lading – whether terms of bill exempted carriers from liability for delivery of goods without presentation of bill of lading.
4 December 2007: Kremikovtzki Trade v Phoenix Bulk Carriers Ltd [2007] FCA 381 ADMIRALTY – cargo of coal arrested – whether arrested cargo was subject of the action – whether the charterer was beneficial owner of the cargo.
PRACTICE AND PROCEDURE – whether affidavit of Lead Warrant to arrest cargo complied with Rule 481(2) of Federal Court Rules.
14 September 2007: Mazda Canada Inc v Mitsui OSK Lines Co Ltd [2007] FC 916 SHIPPING – salvage – whether cargo interest entitled to indemnity for contribution to salvage.
BILLS OF LADING – carriage of goods – where bill specified choice of law clause – reconciliation with s 46 of the Marine Liability Act – forum non conveniens.
