Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
The Ship "Socofl Stream" v CMC (Australia) Pty Ltd (ACN 002 007 427)
[2001] FCA 961 ADMIRALTY - Shipping and Navigation - Bills of lading - Sea carriage of goods - Charterparties - Vessel demised by disponent owner to charterer - Disponent owner giving notice of default in payment of charter hire and calling on charterer to forthwith re-deliver the vessel at a safe port to be nominated by disponent owner - Vessel subsequently taking on cargoes in Singapore and Malaysia from plaintiff for which bills of lading issued and signed "as agents for and on behalf of master" who was employee of charterer - Vessel later arrested in Brisbane at instigation of disponent owner - Whether plaintiff entitled to succeed in action in rem for breach of bills of lading against disponent owner - Whether master had ostensible authority to bind disponent owner to bills of lading - Whether bills of lading contractual documents or mere receipts - Carrier's duty to deliver with reasonable dispatch - Whether breached by arrest of vessel in Brisbane en route to Sydney. Admiralty Act 1988, ss 3(1), 4(3), 18 Carver's Carriage by Sea, 13th ed. Baumwoll Manufactur von Carl Scheibler v Furness [1893] A.C. 8 Manchester Trust v Furness [1895] 2 QB 539 Homburg Houtimport B.V. v Agrosin Private Ltd (The Starsin) [2000] 1 Lloyd's Rep 85 Grant v Norway (1851) 10 C.B. (N.S.) 665 Sunrise Maritime Inc v Uvisco Ltd (The Hector) [1998] 2 Lloyd's Rep 287 Alimport v Soubert Shipping Co Ltd [2000] 2 Lloyd's Rep 447 Rama Corporation Ltd v Proved King and General Investments Ltd [1952] 2 QB 147 Perre v Apand Pty Ltd (1999) 198 CLR 180 Hill v van Erp (1997) 188 CLR 159 Bryan v Maloney (1995) 182 CLR 609 D C Thomson & Co Ltd v Deakin [1952] Ch. 646 Robins v Power (1858) 4 C B (W S) 778; 140ER 1297 Mitcheson v Oliver, 5 Ellis & B 419; 119 ER 537 Myers v Willis 17 C B 77; 139 ER 996 Rodoconachi Sons & Co v Milburn Brothers (1886) 18 QBD 67 The President of India v Metcalfe Shipping Co Ltd (The Dunelmia) [1970] 1 QB 289 Sanko Steamship Co Ltd v Sumitomo (No 2) (1995-1996) 63 FCR 227 Hi-Fert Pty Limited v Kiukiang Maritime Carriers Inc (2000) 173 ALR 263 Fyffes Group Ltd v Reefer Express Lines Pty Ltd (The Kriti Rex) [1996] 2 Lloyd's Rep 171
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