Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Stemcor (A/sia) Pty Ltd v C.V. Scheepvaartonderneming Ankergracht [2005] FCA 1808
MARITIME JURISDICTION – Shipping – Sea Carriage of Goods - responsibility for corrosion damage to steel coils before or during course of carriage by sea – whether damage due to insufficiency of packaging of steel coils or due to failure by Carrier to exercise due diligence – method by which water entered packaging around steel coils – whether steel coils packaged following usual industry method – whether Carriers followed usual practice – measure of damages.
Carriage of Goods by Sea Act 1991 (Cth), s 7, Schedule 1A, Art I, Art III rr 1 and 2, Art IV rr 2 and 5
Great China Metal Industries Co Ltd v Malaysian International Shipping Corporation Berhad [1998] HCA 65 referred to Mitsui & Co Ltd v Novorossiysk Shipping Co [1991] 1 Lloyd's Rep 456 referred to Papera Traders Co. Ltd. and Others v. Hyundai Merchant Marine Co. Ltd. and Another [2002] 1 Lloyd's Rep 719 referred to Spencer v The Commonwealth (1907) 5 CLR 418 Sparks A, Steel Carriage by Sea, LLP Professional Publishing, London, 2003
STEMCOR (A/SIA) PTY LTD & ANOR v C.V. SCHEEPVAARTONDERNEMING ANKERGRACHT
NSD1245 OF 2002
STEMCOR (A/SIA) PTY LTD v C.V. SCHEEPVAARTONDERNEMING ARCHANGELGRACHT
NSD84 OF 2003
EMMETT J
16 DECEMBER 2005
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD1245 OF 2002
BETWEEN: STEMCOR (A/SIA) PTY LTD
FIRST PLAINTIFF
TSUDA CORPORATION
SECOND PLAINTIFF
AND: C.V. SCHEEPVAARTONDERNEMING ANKERGRACHT
DEFENDANT
JUDGE: EMMETT J
DATE OF ORDER: DECEMBER 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. There be a verdict and judgment for the Plaintiffs in the sum of $513,947.91. 2. Subject to Order 3 below, the Defendant pay the Plaintiffs' costs of the action as agreed or assessed. 3. The Plaintiffs have leave to apply by notice of motion to vary the costs order in 2 above, such application to be filed on or before 27 January 2006. In the event that no such application is filed the costs order in 2 above to remain. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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