Hilditch Pty Ltd v Dorval Kaiun KK (No 2) [2007] FCA 2014

FEDERAL COURT OF AUSTRALIA

Hilditch Pty Ltd v Dorval Kaiun KK (No 2) [2007] FCA 2014

SHIPPING AND NAVIGATION – carriage of goods by sea – bill of lading – endorsement in blank – effect of – whether bill became a bearer bill by being endorsed in blank – whether delivery of bill of lading endorsed in blank was sufficient to vest property in cargo in the bearer of the bill – where endorsed bill was one of a set of three – whether necessary separately to endorse all three original bills of lading for the bearer to be able to claim delivery of the goods

SHIPPING AND NAVIGATION – carriage of goods by sea – contamination of cargo – point at which contamination occurred – whether carrier complied with its obligations to properly and carefully discharge the cargo under Art 3 r 2 of the amended Hague Rules

SHIPPING AND NAVIGATION – discharge of cargo – where cargo in good condition in ship's tanks but later discharging at the ship's manifold in a contaminated condition – where portion of cargo slopped at the direction of the owner of the goods – where cargo remained visibly contaminated at the conclusion of slopping – where owner of the goods permitted discharge to continue – whether owner of the goods was responsible for any part of its claimed loss in these circumstances – whether conduct of the owner of the goods constituted an act or omission under Art 4 r 2(i) of the amended Hague Rules – concurrent causes of a loss SHIPPING AND NAVIGATION – contamination of cargo – whether notice of loss or damage of cargo given in writing to the carrier 'at the time of' discharge for the purposes of Art 3 r 6 of the amended Hague Rules

PRACTICE AND PROCEDURE – interest under s 51A of the Federal Court of Australia Act (1976)– method of calculating pre-judgment interest

Amended Hague Rules, Art 3 r 2, Art 3 r 6, Art 4 r 2(i) Carriage of Goods By Sea Act 1991 (Cth), Sch 1A Sea-Carriage Documents Act 1997 (NSW), s 5 Borealis AB v Stargas Ltd [2002] 2 AC 205 cited C V Sheepvaartonderneming Ankergracht v Stemcor (A/sia) Pty Ltd (2007) 160 FCR 342 applied Consort Express Lines Pty Ltd v J-Mac Pty Ltd (2006) 232 ALR 341 applied Glyn Mills Currie & Co v The East and West India Dock Company (1882) 7 App Cas 591 applied Great China Metal Industries Co Ltd v Malaysian International Shipping Corporation Berhad (1998) 196 CLR 161 referred to Heskell v Continental Express Ltd [1950] 1 All ER 1033 discussed Kalls Enterprises Pty Ltd (In Liq) v Baloglow (No 3) [2007] NSWCA 298 applied Key v Cotesworth (1852) 7 Ex Ch 595 cited Leduc v Ward (1888) 20 QBD 475 cited Lickbarrow v Mason (1794) 5 TR 683 applied Sewell v Burdick (1884) 10 App Cas 74 cited Shipping Corporation of India Ltd v Gamlen Chemical Co (A/sia) Pty Ltd (1980) 147 CLR 142 discussed and applied Tate and Lyle Ltd v Hain Steamship Co Ltd (1936) 55 Ll L Rep 159 cited The 'Al Battani' [1993] 2 Lloyd's Rep 21 cited The Torenia [1983] 2 Lloyd's Rep 210 cited Walley v Montgomery (1803) 3 East 585 cited Westpac Banking Corporation v 'Stone Gemini' (1999) 110 FCR 47 cited