Associated Packaging Pty Limited v Lloyd Triestino Di Navigazione S.P.A. [2005] FCA 1631

Associated Packaging Pty Limited v Lloyd Triestino Di Navigazione S.P.A. [2005] FCA 1631

Because the evidence disclosed a prima facie case by the First Defendant against Advance Container Lines Pte Ltd under the connecting carrier agreement if the First Defendant were liable, the Court granted leave, subject to perusal of a properly framed cross-claim, to file and serve that cross-claim outside Australia. The Court also made directions to progress the small cargo claim promptly and reserved the costs of the motion and mediation.

Jurisdiction
Australia
Judgment Date
04 November 2005
Procedural Posture
Admiralty Small Cargo Claim / Notice of Motion by the First Defendant for Leave to File and Serve a Cross Claim Outside Australia, With Procedural Directions After Failed Mediation
Outcome
Leave granted to the First Defendant to file and serve a cross-claim against Advance Container Lines Pte Ltd outside the Commonwealth of Australia, subject to perusal of the proposed cross-claim; procedural directions made; costs of the motion and mediation reserved.
Legal Topics
['cargo Damage' 'bill of Lading' 'connecting Carrier Agreement' 'service Outside Australia' 'cross Claim' 'hague Rules' 'hague Visby Rules' 'himalaya Clause' 'forbearance to Sue Clause' 'court Ordered Mediation Costs' 'case Management Directions']
['admiralty' 'maritime Law' 'civil Procedure'] ['cargo Damage' 'bill of Lading' 'connecting Carrier Agreement' 'service Outside Australia' 'cross Claim' 'hague Rules' 'hague Visby Rules' 'himalaya Clause' 'forbearance to Sue Clause' 'court Ordered Mediation Costs' 'case Management Directions']

Case Brief

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Procedural Posture

Admiralty Small Cargo Claim / Notice of Motion by the First Defendant for Leave to File and Serve a Cross Claim Outside Australia, With Procedural Directions After Failed Mediation

Legal Issues

  1. 1 ['Whether the First Defendant should be granted leave to file a cross-claim against Advance Container Lines Pte Ltd and serve it outside the Commonwealth of Australia.' 'Whether there was a prima facie case by the First Defendant against Advance Container Lines Pte Ltd under the connecting carrier agreement if the First Defendant were liable.' "How the proceedings should be managed so that joinder of Advance Container Lines Pte Ltd did not slow the Plaintiff's progress to trial." "Whether costs of the First Defendant's motion and the failed mediation should be reserved for later determination." 'Anticipated issues included title to sue, any time bar, the forbearance to sue clause, possible Himalaya clause protection, Hague-Visby protection, and liability of the Second Defendant.']

Ratio Decidendi

Because the evidence disclosed a prima facie case by the First Defendant against Advance Container Lines Pte Ltd under the connecting carrier agreement if the First Defendant were liable, the Court granted leave, subject to perusal of a properly framed cross-claim, to file and serve that cross-claim outside Australia. The Court also made directions to progress the small cargo claim promptly and reserved the costs of the motion and mediation.

Court Disposition

Leave granted to the First Defendant to file and serve a cross-claim against Advance Container Lines Pte Ltd outside the Commonwealth of Australia, subject to perusal of the proposed cross-claim; procedural directions made; costs of the motion and mediation reserved.

Orders

  • ['Leave be granted to the First Defendant to file a Cross Claim against Advance Container Lines Pte Ltd on or before 9 November 2005, subject to perusal of the Third Party Claim on Advance Container Lines Pte Ltd to be provided prior to 4:00pm on 8 November 2005.' 'The First Defendant provide by email a copy of the...