United Salvage Pty Limited v Oltramare Shipping Co SA [2004] FCA 1751

FEDERAL COURT OF AUSTRALIA

United Salvage Pty Limited v Oltramare Shipping Co SA [2004] FCA 1751 UNITED SALVAGE PTY LTD & ORS v OLTRAMARE SHIPPING CO SA NSD 246 of 2002 UNITED SALVAGE PTY LTD & ORS v LOUIS DREYFUS ARMATEURS SNC & ORS NSD 430 of 2004 ALLSOP J 10 DECEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 246 of 2002

BETWEEN: UNITED SALVAGE PTY LTD

FIRST PLAINTIFF

GLADSTONE TUG SERVICES PTY LTD

SECOND PLAINTIFF

QUEENSLAND TUG & SALVAGE CO PTY LIMITED

THIRD PLAINTIFF

AND: OLTRAMARE SHIPPING CO SA

DEFENDANT

NSD 430 of 2002 BETWEEN: UNITED SALVAGE PTY LTD

FIRST PLAINTIFF

GLADSTONE TUG SERVICES PTY LTD

SECOND PLAINTIFF

QUEENSLAND TUG & SALVAGE CO PTY LIMITED

THIRD PLAINTIFF

AND: LOUIS DREYFUS ARMATEURS SNC

FIRST DEFENDANT

LOUIS DREYFUS ARMATEURS SAS

SECOND DEFENDANT

SOCIÉTÉ ANONYME LOUIS DREYFUS et COMPAGNIE

THIRD DEFENDANT

DATE OF ORDER: 10 DECEMBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The plaintiffs file and serve all their evidence by 31 January 2005.

2. Any further evidence by the plaintiffs be filed with leave, pursuant to a notice of motion supported by affidavit evidence.

3. The defendants file and serve all its lay and hydrography evidence by 7 March 2005.

4. The matter be stood over for directions on 11 March 2005 at 9.30 am at which time the parties need to be in a position to explain with precision any factual disputes as to the events and day in question and the defendant will as far as possible need to be in a position to identify the nature of the disputes raised by the naval architect evidence and hydrography evidence.