Admiralty & Maritime Cases - Victoria

Listing by year

A selection of cases (with links to full text where available)

2015

Raamish  & Ayra Pty Ltd v City of Melbourne [2015] VSC 277 (17 June 2015)
ADMIRALTY – ship sailed from Fremantle refused temporary  berth at Docklands Victoria Harbour and permanent berth at Williamstown jetty –  whether managers of Docklands and Williamstown facilities promised owner of  ship before sailing from Fremantle that berths would be available on arrival at  Melbourne – whether failure to fulfil promises constituted misleading and  deceptive conduct, unconscionable conduct and gave rise to promissory estoppel  – alleged promises wholly oral, denied and not supported by contemporaneous  documents – credit of witnesses not impugned - onus and standard of proof.

2009

No cases

2008

Parlux SpA v M & U Imports Pty Ltd ; M & U Imports Pty Ltd v Gava International Freight SpA [2008] VSCA 161 (26 August 2008) (26 August 2008)
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.

2007

Puccini Festival Australia Pty Ltd v Nippon Express (Australia) Pty Ltd [2007] VSC 288 (26 July 2007)
BILLS OF LADING – carriage of goods by sea – contractual negotiations conducted by email – whether plaintiff was party to the contract of carriage.

Pan Orient Shipping Services Pty Ltd v Basell Australia Pty Ltd [2007] VSC 215 (6 July 2007)
SHIPPING AND NAVIGATION – multimodal carriage of goods – where freight forwarder engaged to arrange multimodal transport – whether contract with freight forwarder was fixed price or full indemnity contract.

Maersk Australia Pty Ltd v BGP International Pty Ltd [2007] VSC 154 (18 May 2007)
BILL OF LADING – carriage of oranges - appeal from Small Claims Tribunal decision - whether error of law – temperature of carriage contractual term – adequacy of reasons for decision.

2006

AWB (International) Ltd v Tradesman International (PVT) Ltd [2006] VSCA 210 (6 October 2006)
Contract – sale of wheat - arbitration clause encompassing UNCITRAL Arbitration Rules and the Australian Centre for International Arbitration – operation of time bar - meaning of 'final port of discharge' - whether a notice of claim was sufficiently particularized.

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

2005

AWB (International) Ltd v Tradesmen International (PVT) Ltd [2005] VSC 350 (1 September 2005)
Arbitration, application for leave to appeal, whether manifest error on the face of the award, whether determination of the question likely to add substantially to the certainty of commercial law, time bar, meaning of 'final port of discharge'

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

Challenge Charter Pty Ltd & Ors v Curtain Bros (Qld) Pty Ltd & Ors [2004] VSC 1
Agreement to sell ship, whether binding contract, whether breach of bailment because of deterioration of ship, counter-claim for wharfage and work on ship

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.

2003

Allianz Australia Insurance Limited & Anor v Olver & Anor [2003] VSC 101
Insurance, whether yacht sunk deliberately

Clearwater Shipping Corporation Inc v Cao [2003] VSC 216
Sums owing for sea freight, substituted service, Mareva order, discovery and consequential relief

Malaysia International Shipping Corporation Berhad v VISA Australia Pty Ltd [2003] VSCA 64 (30 May 2003)
Liability to pay demurrage for late return of containers, meaning of "merchant" in waybills and bills of lading

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

Victorian WorkCover Authority & Anor v Orientstar Shipping Corporation [2003] VSC 311
Worker injured on ship, accident compensation, service of process

2002

Burk v The Commonwealth [2002] VSC 453
Collision of Australian navy vessels in international waters, choice of law

Burk v The Commonwealth (No 2) [2002] VSC 464
Collision of Australian navy vessels in international waters, post-traumatic stress disorder, application for extension of time dismissed

Vlasons Shipping Inc v Neuchatel Swiss General Insurance Co Ltd; "the Aquarius Bright" [2002] VSC 549 (17 December 2002)
Marine insurance, loss of vessel, typhoon exemption clause, whether master aware of typhoon warning, meaning of typhoon warning

Wintle v Stevedoring Industry Finance Committee and Ors [2002] VSC 265
Asbestos related death of waterside foreman, claim by widow, limitation of actions

2001

McKenzie v Commonwealth of Australia [2001] VSC 361
Collision of Australian navy vessels in international waters, nervous shock, leave to amend defence, limitation defence, prejudice

Neuchatel Swiss General Insurance Co Ltd & Ors v Vlasons Shipping Inc [2001] VSCA 25
Marine insurance, typhoon exemption clause, whether master aware of typhoon warning, meaning of typhoon warning

Rankin v Marine Power International Pty Ltd [2001] VSC 150
Wrongful dismissal and termination entitlements

2000

Dwyer v Circuit Finance Pty Ltd [2000] VSC 83
Damage done when vessel was seized, claim in trespass, ownership of vessel, whether trust created, bailment

Parkesinclair Chemicals (Aust) Pty Ltd v Asia Asociates Inc [2000] VSC 362
Failure to make payments for shipment of goods, agreement, guarantees

Stevedoring Industry Finance Committee v Henderson (representing the estate of Crimmins) [2000] VSCA 216
Asbestos related death of waterside worker, duty of care, application to amend notice of appeal

1999

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

Far Eastern Shipping Company Limited v Abramkin [1999] VSCA 107
Application for extension of time to appeal, negligence on foreign ship, jurisdiction, choice of law

Port Marine Services - Hulten Engineers Pty Ltd v Merrey [1999] VSC 496
S 24 Occupational Health & Safety (Maritime Industry) Act 1993, whether modification of repair of structure on ship unsafe for contractors

Russell v Commonwealth of Australia [1999] VSC 437
Collision of Australian navy vessels in international waters, post-traumatic stress disorder, assessment of damages

Shantou Hesheng Commercial Development Co v P & O Swire Containers Limited & Anor [1999] VSC 347 (17 September 1999)
Collision and damage to cargo, liability of third party carrier, service of originating process out of Australia

Tenix Defence Systems Pty Ltd v The AFMEP&KI Union & Ors [1999] VSC 40
Industrial dispute at shipyard, employer's application for interlocutory injunction

Vlasons Shipping, Inc & Ors v Neuchatel Swiss General Insurance Co Limited & Ors [1999] VSC 22
Security for costs, plaintiff a foreign corporation

W M Scollay & Co Ltd v Lawson [1999] VSC 153
Ship owner's debt for oil bunkering services

1998

Maritime Union of Australia & Ors v Patrick Stevedores Operations Pty Ltd & Anor [1998] VICSC 52
Industrial law, picketing, violence and intimidation, injunction to restrain

Vlasons Shipping Inc v Neuchatel Swiss General Insurance Co Ltd & Ors [1998] VSC 91
Marine insurance, typhoon exemption clause, whether master aware of typhoon warning, meaning of typhoon warning

Vlasons Shipping, Inc v Neuchatel Swiss General Insurance Co Ltd (No 2) [1998] VSC 135
Judgment in foreign currency

1997

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