STX Pan Ocean Co Ltd v Bowen Basin Coal Group Pty Ltd [2012] FCA 1508

STX Pan Ocean Co Ltd v Bowen Basin Coal Group Pty Ltd [2012] FCA 1508

The plaintiff is entitled to damages for the loss of hire for two vessels during the specified period, but not also for the cost of bunkers consumed at idle, as compensation must be limited to the net lost profits due to the second defendant’s misleading conduct in contravention of s 52 of the Trade Practices Act 1974 (Cth).

Jurisdiction
Australia
Judgment Date
16 November 2012
Procedural Posture
Interlocutory Application / Assessment of Damages / Judgment on Assessment of Damages After Default
Outcome
Judgment for the plaintiff against the second defendant with assessed damages and orders as set out.
Legal Topics
['misleading or Deceptive Conduct' 'damages Assessment' 'default Judgment']
['admiralty' 'competition and Consumer Law'] ['misleading or Deceptive Conduct' 'damages Assessment' 'default Judgment']

Case Brief

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Procedural Posture

Interlocutory Application / Assessment of Damages / Judgment on Assessment of Damages After Default

Legal Issues

  1. 1 ['Entitlement to damages for lost hire due to misleading or deceptive conduct' 'Appropriate method for quantifying loss of profits for chartered vessels' 'Impact of prior judgments and legal principles concerning loss assessment']

Ratio Decidendi

The plaintiff is entitled to damages for the loss of hire for two vessels during the specified period, but not also for the cost of bunkers consumed at idle, as compensation must be limited to the net lost profits due to the second defendant’s misleading conduct in contravention of s 52 of the Trade Practices Act 1974 (Cth).

Court Disposition

Judgment for the plaintiff against the second defendant with assessed damages and orders as set out.

Orders

  • ['The hearing dates of 3 and 4 December 2012 be vacated.' 'The second defendant pay the plaintiff damages in the sum, including interest up to and including today, of USD 534,087.84.' 'Interest is to run on the judgment at a rate of 3.01% per annum.' "The second defendant pay the plaintiff's costs of the remitter...