BHPB Freight Pty Ltd v Cosco Oceania Chartering Pty Ltd (No 2) [2008] FCA 1656

BHPB Freight Pty Ltd v Cosco Oceania Chartering Pty Ltd (No 2) [2008] FCA 1656

Cosco is permitted to bring a cross-claim against Seascope for contribution limited to damages recoverable for breach of warranty of authority and section 87 Trade Practices Act 1974 (Cth) claim; Cosco is not permitted to seek proportionate liability against Seascope under Pt VIA of the Trade Practices Act or Pt IVAA of the Wrongs Act because such claims fall outside their operation. Each party to bear its own costs.

Parties
Applicant: BHPB Freight Pty Ltd; First Respondent: Cosco Oceania Chartering Pty Ltd; Second Respondent: Braemar Seascope Pty Ltd (formerly known as Seawise Australia Pty Ltd and Southern Chartering Pty Ltd)
Jurisdiction
Australia
Judgment Date
10 November 2008
Procedural Posture
Practice and Procedure / Interlocutory Application Leave to Bring Cross Claim
Outcome
Cosco's application granted in part; otherwise dismissed.
Legal Topics
Proportionate Liability, Contribution, Breach of Warranty of Authority, Misleading or Deceptive Conduct, Negligence
Commercial Law Practice and Procedure Proportionate Liability Contribution Breach of Warranty of Authority Misleading or Deceptive Conduct Negligence

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Parties

BHPB Freight Pty Ltd

Applicant

Cosco Oceania Chartering Pty Ltd

First Respondent

Braemar Seascope Pty Ltd (formerly known as Seawise Australia Pty Ltd and Southern Chartering Pty Ltd)

Second Respondent

Procedural Posture

Practice and Procedure / Interlocutory Application Leave to Bring Cross Claim

Legal Issues

  1. 1 Whether Cosco is entitled to bring a cross-claim against Seascope for contribution.
  2. 2 Whether Cosco can seek to limit its liability under Pt VIA of the Trade Practices Act 1974 (Cth) and Pt IVAA of the Wrongs Act 1958 (Vic).
  3. 3 Application of s 79 of the Judiciary Act 1903 (Cth) to the proportionate liability regime.

Ratio Decidendi

Cosco is permitted to bring a cross-claim against Seascope for contribution limited to damages recoverable for breach of warranty of authority and section 87 Trade Practices Act 1974 (Cth) claim; Cosco is not permitted to seek proportionate liability against Seascope under Pt VIA of the Trade Practices Act or Pt IVAA of the Wrongs Act because such claims fall outside their operation. Each party to bear its own costs.

Court Disposition

Cosco's application granted in part; otherwise dismissed.

Orders

  • Cosco Oceania Chartering Pty Ltd have leave to bring a claim against Braemar Seascope Pty Ltd for contribution, limited to damages the applicant may recover from Cosco on breach of warranty of authority and claim for compensation under section 87 of the Trade Practices Act 1974.
  • Cosco's application otherwise dismissed.