Heilbrunn v Lightwood PLC [2007] FCA 1518

FEDERAL COURT OF AUSTRALIA

Heilbrunn v Lightwood PLC [2007] FCA 1518

Admiralty and maritime jurisdiction – meaning of "a claim arising out of an agreement that relates to carriage of goods by a ship" for s 4(3)(f) of the Admiralty Act 1988 – whether damage to goods caused by a warehouseman acting under an agreement with a freight forwarder who undertook to carry the goods by land and sea, loading a shipping container at its premises prior to transportation to the port for loading on board ship fell within the provision – whether the proceeding should be dismissed or stayed because of a time bar or exclusive jurisdiction clause Held: that the claim was one answering the description in s 4(3)(f) and that there was inadequate evidence of incorporation of a time bar or an exclusive foreign jurisdiction clause Administration of Justice Act 1956 (UK) ss 1(1)(h) and 47(2)(e) Admiralty Act 1988 s 4(3)(f) Supreme Court Act 1981 (UK) s 20(2)(h) Carrington Slipways Pty Limited v Patrick Operations Pty Limited (1991) 24 NSWLR 745 cited Comalco Aluminium Ltd v Mogal Freight Services Pty Limited (1993) 113 ALR 677 cited Comandate Marine v Pan Australia Shipping Pty Limited (2006) 157 FCR 45 cited Elbe Shipping SA v The Ship 'Global Peace' (2006) 154 FCR 439 referred to Empire Shipping Company Inc v Owners of the Ship 'Shin Kobe Maru' (1991) 32 FCR 78 Gatoil International Inc v Arkwright-Boston Manufacturers Mutual Insurance Co [1985] AC 255 applied and discussed Hewlett Packard Australia Pty Limited v G E Capital Finance Pty Limited (2003) 135 FCR 200 cited Hines Exports Pty Limited v Mediterranean Shipping Co [2000] SADC 71 cited Khatri v Price (1999) 95 FCR 287 followed Mathew Short & Associates Pty Limited v Riviera Marine (International) Pty Limited [2001] NSWCA 281 cited Norfolk Southern Railway Co v James N Kirby Pty Limited 545 US 114 (2004) discussed Owners of MV 'Iran Amanat' v KMP Coastal Oil Pte Ltd (1999) 196 CLR 130 discussed Owners of Shin Kobe Maru v Empire Shipping Co Inc (1994) 181 CLR 404 applied Port of Geelong Authority v The 'Bass Reefer' (1992) 37 FCR 374 followed Pyrene Company Ltd v Scindia Steam Navigation Company Ltd [1954] 2 QB 402 cited Samick Lines Co Ltd v Owners of the 'Antonis P Lemos' [1985] AC 711applied and discussed Teys Bros (Beenleigh) Pty Limited v ANL Cargo Operations Pty Limited [1990] 2 Qd R 288 cited The 'Aifanourios' [1980] SC 346 cited The 'Eschersheim' [1976] 1 WLR 430 cited The 'Pioneer Container' [1994] 2 AC 324 referred to The 'Sennar' [1981] 1 Lloyd's Rep 295 cited The 'St Elefterio' [1957] P 179 cited The 'Zeus' (1888) 13 PD 188 cited Tisand Pty Limited v The Owners of the Ship MV 'Cape Morton' (Ex 'Freya') (2005) 143 FCR 43 discussed Australian Law Reform Commission Report No 33 on Civil Admiralty Jurisdiction International Convention for the Unification of Certain Rules Relating to the Arrest of Sea-Going Ships 1952, done at Brussels on 10 May 1952 Davies M and Dickey A Shipping Law (3rd Ed). Treitel G and Reynolds F Carver on Bills of Lading (2nd Ed) NEIL HEILBRUNN v LIGHTWOOD PLC NSD 64 OF 2007