Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Daebo International Shipping Co Ltd v The Ship Go Star (No 2) [2012] FCAFC 175 Citation: Daebo International Shipping Co Ltd v The Ship Go Star (No 2) [2012] FCAFC 175
Appeal from: Daebo Shipping Co Ltd v The Ship Go Star [2011] FCA 1015
Parties: DAEBO INTERNATIONAL SHIPPING CO LTD v THE SHIP GO STAR
File number: WAD 373 of 2011
Judges: KEANE CJ, RARES & BESANKO JJ
Date of judgment: 3 December 2012
Legislation: Federal Court Rules 1979 (Cth) O 23 rr 2, 4, 11(4) Federal Court Rules 2011 (Cth) r 39.06
Cases cited: Daebo Shipping Co Ltd v The Ship Go Star [2012] FCAFC 156 referred to
Date of hearing: On written submissions
Date of last submissions: 28 November 2012
Place: Perth
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 12
Counsel for the Appellant: Mr G R Hancy
Solicitor for the Appellant: Jarman McKenna
Counsel for the Respondent: Mr J A Thomson
Solicitor for the Respondent: DLA Piper
IN THE FEDERAL COURT OF AUSTRALIA IN ADMIRALTY WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 373 of 2011
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN: DAEBO INTERNATIONAL SHIPPING CO LTD
Appellant
AND: THE SHIP GO STAR
Respondent
JUDGES: KEANE CJ, RARES & BESANKO JJ DATE OF ORDER: 3 DECEMBER 2012 WHERE MADE: SYDNEY (BY VIDEOLINK TO PERTH)
THE COURT ORDERS THAT:
1. Daebo International Shipping Co Ltd be substituted as plaintiff in WAD 21 of 2009 and as appellant in WAD 373 of 2011 in place of Daebo Shipping Co Ltd. 2. The appellant pay the respondent's costs of and incidental to the interlocutory application filed on 21 September 2012, to be taxed if not agreed, and set off against the appellant's entitlement to costs under orders 4 and 5 below. 3. The appeal be allowed. 4. The orders made by the primary judge on 31 August 2011 and 30 November 2011 be set aside and in lieu thereof it be ordered that: (1) Judgment be entered against the defendant in the sum of USD361,923.52. (2) Interest to run on the judgment sum at the daily rate of USD 93.59. (3) The defendant pay the plaintiff's costs: (a) up to and including 9 March 2011 – taxed on a party and party basis; (b) after that day – taxed on an indemnity basis. 5. The respondent pay the appellant's costs of the appeal to be taxed on a party and party basis if not agreed. 6. Unless a judge of the Court makes an order on or before 10 December 2012 extending this order to such time as to the judge seems appropriate, the moneys paid into Court on 9 February 2009 by Go Star Maritime Co SA and held in the following accounts with St George Bank be paid out after 10 December 2012 as follows: (a) all money held in controlled moneys account no. 332 082 – 553 424 401 in the name of "Sparke Helmore & DLA Piper CMA ITF Daebo Shipping Co Ltd" be paid to the appellant forthwith in accordance with directions to be given by its solicitors Jarman McKenna; (b) USD361,923.52 from the money held in controlled moneys account no. 332 082 – 553 430 086 in the name of "Sparke Helmore & DLA Piper CMA ITF Go Star Maritime Co SA" be paid to the appellant in accordance with directions to be given by its solicitors Jarman McKenna together with interest continuing at the daily rate of USD93.59 from 3 December 2012. Note: Entry of orders is dealt with in Rule 32.39 of the Federal Court Rules 2011.
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