Federal Court of Australia
Federal Court of Australia
Ixom Operations Pty Ltd v Blue One Shipping SA [2023] FCAFC 25 Appeal from: Ixom Operations Pty Ltd v Blue One Shipping SA [2022] FCA 1101
File number: NSD 870 of 2022
Judgment of: RARES, SARAH C DERRINGTON AND STEWART JJ
Date of judgment: 20 February 2023
Date of publication of reasons: 7 March 2023
Catchwords: ESTOPPEL – where extension of time limitation to sue on contract evidenced by bill of lading granted by "owners" of vessel – where "owners" can refer to registered owners or demise charterers (ie, disponent owners) – where the proper defendant was the demise charterer – where primary judge found that both the registered owner and demise charterer granted an extension of time – where proceeding below commenced in time only against the registered owner – whether, by granting an extension of time to sue, the registered owner represented that it was the proper party to sue – whether registered owner estopped from denying liability SHIPPING AND NAVIGATION – bills of lading – demise chartered ship – whether extension of time limitation by "owners" was by registered owner and demise charterer – whether by extending a time limitation a shipowner thereby represented that it is the carrier
Words and phrases: "owner's bill of lading", "charterer's bill of lading", "owners"
Legislation: Carriage of Goods by Sea Act 1991 (Cth) Sch 1A, Art 3(6) Federal Court Rules 2011 (Cth) r 36.01(2)(c)
Cases cited: Air Tahiti Nui Pty Ltd v McKenzie [2009] NSWCA 429; 77 NSWLR 299 Grundt v Great Boulder Pty Gold Mines Ltd [1937] HCA 58; 59 CLR 641 Krakowski v Eurolynx Properties Ltd [1995] HCA 68; 183 CLR 563 Legione v Hateley [1983] HCA 11; 152 CLR 406 MCI WorldCom International Inc v Primus Telecommunications Inc [2004] EWCA Civ 957; [2004] 2 All ER (Comm) 833 Pacol Ltd v Trade Line Ltd (The "Henrik Sif") [1982] 1 Lloyd's Rep 456 The "Stolt Loyalty" [1993] 2 Lloyd's Rep 281 The Stolt Loyalty [1995] 1 Lloyd's Rep 598 Western Australian Insurance Co Ltd v Dayton [1924] HCA 58; 35 CLR 355 Davies M and Dickey A, Shipping Law (4th ed, LawBook, 2016) Handley KR, Estoppel by Conduct and Election (2nd ed, Sweet & Maxwell, 2016) Rose F and Reynolds FMB, Carver on Bills of Lading (5th ed, Sweet & Maxwell, 2022)
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