The Sanko Steamship Co. Ltd & Anor v Sumitomo Australia Ltd & Ors [1995] FCA 962

CATCHWORDS SHIPPING AND NAVIGATION - cargo of phosphate consigned from Tampa, Florida to Esperance WA lost when ship carrying it sank before completion of voyage - cargo shipped pursuant to voyage charterparty entered into by first plaintiff, Sanko, and defendant - vessel provided by second plaintiff, Grandslam, pursuant to time charter entered into between plaintiffs - Grandslam bareboat charterer of vessel - construction of charterparty - whether United States Carriage of Goods by Sea Act incorporated in charterparty - whether Grandslam entitled to immunities provided for in charterparty between Sanko and defendant - whether vessel seaworthy - whether plaintiffs had exercised due diligence to make ship seaworthy - whether plaintiffs entitled to limit their liability under the 1957 Limitation Convention - whether Sanko entitled to recover balance of freight provided for in voyage charterparty. United States Carriage of Goods by Sea Act 1936, ss.3, 4, 5. Navigation Act 1912 (as in force prior to coming into force of Limitation of Liability for Maritime Claims Act 1989), ss.330, 333 and Schedule 6.

THE SANKO STEAMSHIP CO. LIMITED AND GRANDSLAM ENTERPRISE CORPORATION v SUMITOMO AUSTRALIA LIMITED & Ors No. G082 of 1991

CORAM: SHEPPARD J PLACE: SYDNEY DATE: 29 NOVEMBER 1995

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) No. G082 of 1991 ) GENERAL DIVISION ) BETWEEN: THE SANKO STEAMSHIP CO. LIMITED AND GRANDSLAM ENTERPRISE CORPORATION Plaintiffs AND: SUMITOMO AUSTRALIA LIMITED Defendant AND: SUMITOMO AUSTRALIA LIMITED Cross-claimant AND: THE SANKO STEAMSHIP CO. LIMITED First cross-defendant AND: GRANDSLAM ENTERPRISE CORPORATION Second cross-defendant AND: KIM IN HYEON Third cross-defendant CORAM: SHEPPARD J. DATE: 29 NOVEMBER 1995 PLACE: SYDNEY