Compagnie Maritime D'Affretement & Ors v Uniflag Shipping Pty Ltd & Ors [1997] FCA 758

Compagnie Maritime D'Affretement & Ors v Uniflag Shipping Pty Ltd & Ors [1997] FCA 758

The application for interpleader is dismissed as none of the defendants intends to pursue a claim for ownership of the goods. Costs are awarded to the plaintiffs against the first and second defendants, and to the third and fourth defendants as specified, in reference to the interlocutory application and hearing of 16 July 1997.

Jurisdiction
Australia
Judgment Date
05 August 1997
Procedural Posture
Interpleader and Interlocutory Relief Application / Final Determination of Interlocutory Application
Outcome
Application dismissed.
Legal Topics
['interpleader' 'interlocutory Relief' 'costs']
['civil Procedure'] ['interpleader' 'interlocutory Relief' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interpleader and Interlocutory Relief Application / Final Determination of Interlocutory Application

Legal Issues

  1. 1 ['Whether any defendant intends to pursue a claim asserting ownership of goods described in the relevant bills of lading' 'Appropriate course for the interpleader application given the lack of claim' 'Entitlement to interlocutory relief and related costs']

Ratio Decidendi

The application for interpleader is dismissed as none of the defendants intends to pursue a claim for ownership of the goods. Costs are awarded to the plaintiffs against the first and second defendants, and to the third and fourth defendants as specified, in reference to the interlocutory application and hearing of 16 July 1997.

Court Disposition

Application dismissed.

Orders

  • ["First and second defendants pay plaintiffs' costs of the application up to and including the hearing on 16 July 1997, such costs to be taxed." 'No order as to subsequent costs between plaintiffs and first and second defendants.' "Third and fourth defendants awarded one set of costs; plaintiffs pay half of costs...