Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Ahmad v Mitsui O.S.K. Lines Limited (ARBN 008 311 831) [2005] FCA 731
MARITIME JURISDICTION – Shipping – Bills of Lading – cargo shipped in two containers –cargo in first container released without presentation of original Bills of Lading – whether cargo in first container was the subject of conversion because it was released without presentation of the Bills of Lading – cargo not converted, but released erroneously and negligently, giving rise to breach of contract - second container held in storage and not claimed – second container the subject of cross-claim for storage fees.
MARITIME JURISDICTION – Shipping – Sea Carriage of Goods – Governing Rules – Bill of Lading expressly excludes operation of Hague Rules – Limitation of liability in Bill of Lading to apply.
Carriage of Goods by Sea Act 1991 (Cth), Schedule 1A, Art IV r5 Sea-Carriage Documents Act 1997 (NSW) ss 5(c), 8(1)(a), 9(1), 10(2)
Nissho Iwai Australia Ltd v Malaysian International Shipping Corporation Behad (1989) 167 CLR 219 (applied) ABRAR AHMAD v MITSUI O.S.K. LINES LIMITED (ARBN 008 311 831) NSD83 OF 2003 EMMETT J 6 JUNE 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD83 OF 2003
BETWEEN: ABRAR AHMAD
PLAINTIFF
AND: MITSUI O.S.K. LINES LIMITED (ARBN 008 311 831)
DEFENDANT
JUDGE: EMMETT J
DATE: 6 JUNE 2005
PLACE: SYDNEY
THE COURT ORDERS THAT: 1. The parties bring in short minutes to give effect to the reasons of [2005] FCA 731. 2. The matter be stood over to 7 June 2005. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD83 OF 2003
BETWEEN: ABRAR AHMAD
PLAINTIFF
AND: MITSUI O.S.K. LINES LIMITED (ARBN 008 311 831)
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