Elbe Shipping SA v Giant Marine Shipping SA (No 2) [2008] FCA 1409

Elbe Shipping SA v Giant Marine Shipping SA (No 2) [2008] FCA 1409

It was unreasonable for the plaintiffs to continue preparation for trial and incur or compel further costs after receipt of payment was not in dispute and receipt was assured. Plaintiffs should pay the first defendant's costs on an indemnity basis for the relevant periods in each action.

Parties
Plaintiff: Elbe Shipping SA; Plaintiff: SQ Marine SA; First Defendant: Giant Marine Shipping SA, being the owners of the ship "Global Peace"; Second Defendant: Adsteam Harbour Pty Limited
Jurisdiction
Australia
Judgment Date
26 August 2008
Procedural Posture
Admiralty / Post Trial, Costs and Dismissal of Proceedings
Outcome
Actions dismissed. Notice of motion dismissed. Plaintiffs to pay first defendant's costs, including costs of hearing on 26 August 2008, on an indemnity basis for specified periods.
Legal Topics
Costs, Practice and Procedure, Discontinuance
Admiralty Civil Procedure Costs Practice and Procedure Discontinuance

Case Brief

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Parties

Elbe Shipping SA

Plaintiff

SQ Marine SA

Plaintiff

Giant Marine Shipping SA, being the owners of the ship "Global Peace"

First Defendant

Adsteam Harbour Pty Limited

Second Defendant

Procedural Posture

Admiralty / Post Trial, Costs and Dismissal of Proceedings

Legal Issues

  1. 1 Whether the plaintiffs should pay the first defendant's costs on an indemnity basis for the period after payment by the second defendant and before indication of discontinuance
  2. 2 Whether the orders as to costs should be amended due to factual dispute regarding dates of payment/receipt
  3. 3 Whether the actions should be dismissed

Ratio Decidendi

It was unreasonable for the plaintiffs to continue preparation for trial and incur or compel further costs after receipt of payment was not in dispute and receipt was assured. Plaintiffs should pay the first defendant's costs on an indemnity basis for the relevant periods in each action.

Court Disposition

Actions dismissed. Notice of motion dismissed. Plaintiffs to pay first defendant's costs, including costs of hearing on 26 August 2008, on an indemnity basis for specified periods.

Orders

  • The notice of motion filed on 14 August 2008 be dismissed
  • The plaintiff pay the first respondent's costs of the hearing on 26 August 2008