Blue Scope Steel (AIS) Pty Limited v Panathena Maritime Inc [2004] FCA 1525

FEDERAL COURT OF AUSTRALIA

Blue Scope Steel (AIS) Pty Limited v Panathena Maritime Inc [2004] FCA 1525

ADMIRALTY AND MARITIME – practice and procedure – no point of principle. Blue Scope Steel (AIS) Pty Limited AND ANOR v Panathena Maritime Inc nsd 1837 of 2003 allsop j 23 november 2004 sydney

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1837 of 2003

BETWEEN: BLUE SCOPE STEEL (AIS) PTY LIMITED

FIRST PLAINTIFF

BLUE SCOPE STEEL PTY LTD SECOND PLAINTIFF

AND: PANATHENA MARITIME INC

DEFENDANT

JUDGE: ALLSOP J

DATE OF ORDER: 23 NOVEMBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The directions hearing on 3 December 2004 be vacated.

2. The matter be stood over for directions on 15 December 2004 at 9.30 am.

3. On or before 10 December 2004, the defendant is to file and serve a statement of the issues it apprehends are to be involved in the case (a) on liability, and (b) on quantum. That statement is to identify all factual and legal issues involved. In addition to any other relevant issue, the defendant is to direct itself to how it says the non-delegable duty to exercise due diligence to make the ship seaworthy was discharged. That issue is to encompass questions of (a) whether what was done as a matter of fact was an exercise of due diligence and (b) if not an exercise of due diligence, how what was said by way of instructions from the charterer absolves the defendant of its responsibilities. As to quantum, the defendant is to set out what it understands the plaintiff's case to be and what its answer to it is.

4. The parties give consideration as to whether, in light of the defendant's asserted issues, the case or any part of the case is suitable for an order as to mediation or arbitration.