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Australia decisions
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Iveco S.P.A v The Ship Hoegh London [2024] FCA 901
The Federal Court released the vessel Höegh London from arrest, holding the plaintiffs could not retain arrest to secure claims against a time charterer. Costs were ordered against the plaintiffs.
Dan-Bunkering (Singapore) Pte Ltd v The Ship Yangtze Fortune (No 3) [2024] FCA 219
The Federal Court refused an application for leave to claim against judicial sale proceeds, finding no reasonable prospects of success and inadequate explanation for delay.
Poralu Marine Australia Pty Ltd v MV Dijksgracht [2023] FCAFC 147
The Full Court held that the contract of carriage was concluded by the second recap email and governed by English law, applying the Hague-Visby Rules to limit carrier liability.
Dan-Bunkering (Singapore) Pte Ltd v The Ship Yangtze Fortune [2022] FCA 1556
The Federal Court ordered the judicial sale of the vessel Yangtze Fortune pendente lite due to shipowner abandonment, unpaid crew wages, and escalating maintenance costs.
Poralu Marine Australia Pty Ltd v MV Dijksgracht [2022] FCA 1038
The Federal Court held that the contractual limitation of £100 per package applies as the Hague-Visby Rules and Australian Hague Rules did not compulsorily apply.
Tregidga v Pasma Holdings Pty Limited [2021] FCA 721
The Federal Court dismissed an application for damages following a vessel fire, finding the applicants failed to prove the respondent's negligence caused the damage.
Motor Yacht Sales Australia Pty Limited v Megisti Yacht Charters Limited [2019] FCA 1454
The Federal Court ordered the removal of a caveat lodged against the motor yacht Hunter, finding no serious question to be tried and that the balance of convenience favoured removal.
Ozmen Entertainment Pty Ltd v Neptune Hospitality Pty Ltd [2019] FCA 721
The Federal Court held that Neptune breached its joint venture obligations regarding financial transparency, catering, and unilateral decision-making, justifying termination.
Toll Holdings Ltd v Stewart [2016] FCA 256
The Federal Court addressed leave to proceed under the Corporations Act, stoppage in transitu under the Sale of Goods Act, and liability in conversion by a carrier.
Yakushiji v Daiichi Chuo Kisen Kaisha [2015] FCA 1170
The Federal Court recognised Japanese civil rehabilitation proceedings for two shipping companies as foreign main proceedings and recognised the foreign representatives.
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