M & U Imports Pty Ltd v Parlux SpA & Anor [2006] VSC 237 (14 July 2006) CARRIAGE OF GOODS – sale of goods – sale FOB Italian port – bill of lading – part goods missing on arrival Melbourne – whether goods lost before loading at Italian port – non-delivery by seller – whether bill of lading port to port bill or land/sea bill – whether shipper liable for non-delivery
Timelink Pacific Pty Ltd v Major Engineering Pty Ltd [2005] VSC 207 (17 June 2005) Racing yacht damaged, plaintiff claimed damages against manufacturer of hydraulic system, defendant sought order for security for costs, claimed the plaintiff had insufficient assets in Victoria to pay its costs, claims not made out and application dismissed
2004
Burk
v Commonwealth of Australia (No 3) [2004] VSC 210 Collision of Australian navy vessels in international
waters, post-traumatic stress disorder, application for
leave to amend defence, limitation of actions, prejudice
New Zealand Pelt Export Company Limited v Trade Indemnity New Zealand Limited [2004] VSCA 163 (14 September 2004) TRADE INDEMNITY INSURANCE - BILL OF LADING. Question of whether appellant sold goods to company (Teodem), which failed to pay. Trial Judge found that a company called Kidort sold to Teodem who then discounted/transferred to the appellant, which did not constitute a sale pursuant to a contract for sale. Appellant tried to introduce new argument on appeal: that although Kidort agreed as principal to sell the goods to Teodem, it retained a jus disponendi by taking the bills of lading to its own order and that it sold property to the appellant. Also argued judge erred in relation to CIF contract. Discussion of FOB contracts, CIF contracts. First leg of appeal dismissed, estoppel argument allowed.
Shinn & Ors v Commonwealth of Australia [2004] VSC 221 Collision of Australian navy vessels in international waters, post-traumatic stress disorder, applications for leave to amend statements of claim and defence, limitation of actions, prejudice
Victorian WorkCover Authority & Anor v Orienstar Shipping Corporation [2004] VSCA 237 (16 December 2004) TORT – SERVICE OUT OF JURISDICTION - Appellants sought endorsement for service, out of the jurisdiction (in the Philippines) on Orienstar. Employee injured on a ship owned by the respondent - brought action against VWA and stevedoring company who now seek to recover from Orienstar. Trial judge found that the claims were statutory and not in respect of “damage caused by a tortious act or omission” – reversed in the Supreme Court. Appeal allowed.
R
v Raby [2003] VSC 213 Offences committed on New Zealand naval vessel moored
in Williamstown, stay of proceeding, accused involuntarily
brought from outside Australia without extradition
Akedian Co Ltd v Royal Insurance Australia Ltd and Other [1999] 1 VR 80 Marine insurance, materiality of non-disclosure, misrepresentation, assessment of impact on hypothetical prudent insurer at time risk accepted, whether insurer induced to issue policy by non-disclosure/misrepresentation, broker's duty to insured for non-disclosure or misrepresentation to insurer, Marine Insurance Act 1909 (Cth) ss 24 & 26, costs against non-party
Anglo Irish Beef Processors International v Federated Stevedores Geelong and Others [1997] 2 VR 676 Losses to cargo caused by fire on board ship while loading, claim by shipper in negligence, application to amend to add claim in contract made more than one year after due date of delivery, whether contractual claim time-barred, meaning of ‘all liability’ & ‘loss or damage’ & ‘suit’, Sea-Carriage of Goods Act 1924 (Cth) s4, Hague Rules Article III r 6
1996
ANZ Banking Group Ltd and Another v Compagnie D’Assurances Maritimes Aeriennes et Terrestres and Others [1996] 1 VR 561 Marine insurance, casualty outside trading limits area, no notice of breach of trading limits, whether insured indemnified, ‘held covered’ clauses, institute clauses, whether trading limits provision was a ‘warranty as to locality’, whether pre-contractual negotiations admissible, Marine Insurance Act 1909 (Cth) s37(2)
Kamil Export (Aust) Pty Ltd v NPL ( Australia) Pty Ltd [1996] 1 VR 538 Goods lost as released without production of bill of lading, implied term of contract for delivery only in exchange for bill of lading, exemption clause, 12 month limitation period, Hague Rules Article III r 6 – not apply after discharge of goods from ship's rail, Sea Carriage of Goods Act 1924 (Cth) Schedule
1994
Phillip Morris Ltd v Bridge Shipping Pty Ltd and Other [1994] 2 VR 1 Claims for loss of and damage to ship cargo, joinder of demise charterer, expiry of limitation period, whether court should re-fuse joinder if limitation defence available, whether court has power to backdate commencement of proceedings to preclude limitation defence, extension of time for amendment of writ, demise charter – whether operation contract rendered operator bailee or carrier of goods
1991
Verna Trading Pty Ltd v New India Assurance Co Ltd [1991] 1 VR 129 Marine insurance, voyage policy, theft of goods, leaving goods with stevedore for convenience, whether ordinary course of transit, reasonable dispatch condition, failure to act with reasonable dispatch, duty to minimise loss, Marine Insurance Act 1909 (Cth) s54, costs awarded against successful defendant
1988
Australian Shipping Commission v Kooragang Cement Pty Ltd [1988] VR 29 Arbitration of charterparty dispute, expiration of time limit imposed by Hague Rules Article III r 6, order made under s48 of Commercial Arbitration Act 1984 extending time, whether order capable of reviving the expired cause of action
MacKinnon McErlane Booker Pty Ltd v P & O Australia Ltd [1988] VR 534 Marine insurance, ship damaged, reasonable cost of repairs – cost of towage and returning tug, whether advantages accruing to assured by towage should be taken into account, Marine Insurance Act 1909 (Cth) ss 61 & 62 & 75
1981
Dampskibsselskabet Torm A/S v Australian Wheat Board [1981] VR 145 Owner of vessel claimed demurrage from charterer in respect of delay, question of law arising from arbitration, under charterparty demurrage not payable when cargo could not be unloaded due to a strike of workmen essential to berthing of vessel or to loading of cargo, storemen refused to load vessel if it berthed unassisted during tug operators' strike, whether tug operators who were on strike were essential to the berthing of the vessel, whether the storemen were ‘on strike’
1974
Lewmarine Pty Ltd v The Ship Kaptayanni [1974] VR 465 Action in rem, works constitute equipping of or supply of necessaries to ship, meaning of necessaries, foreign ship under arrest at time of institution of cause
1970
Howard Smith Industries Ltd v Melbourne Harbor Trust Commissioners and East Asiatic Co Ltd [1970] VR 406 Collision of tugs, negligence, Rules for Prevention of Collisions at Sea, indemnity claim by tug owner against owner of ship the subject of towage, parties to a towage contract, United Kingdom Standard Towage Conditions, whether damage suffered before final orders to tug to cast off ropes, Marine Act 1958 s132
1962
Taylor v Geelong Harbour Trust Commissioners [1962] VR 190 Loan of tug and crew, judgment against tug owner for damages for negligence of tug master, claim to be indemnified by hirer of tug, towage conditions
