Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Elbe Shipping SA v Giant Marine Shipping SA [2008] FCA 1135
ADMIRALTY – ship under tow – liability of ship under tow for loss and damage caused by tug – imputation of liability under contract – cannot be relied upon by third party PRACTICE AND PROCEDURE – summary judgment and judgment on admissions – entering such a judgment for the plaintiff without appropriate orders
Evidence Act 1995 (Cth) s 190 Admiralty Act 1988 (Cth) ss 6, 15 Property Law Act 1974 (Qld)
Quinlan v Safe International Forsakrings AB [2006] FCA 1718 cited Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 discussed One.Tel Ltd v Commissioner of Taxation (2000) 101 FCR 548 discussed Baxter v Obacelo Pty Ltd (2001) 205 CLR 635 applied Jameson v Central Electricity Generating Board [1998] QB 323 applied Bankers Trust International Ltd v Todd Shipyards Corporation; "The Halcyon Isle" [1981] AC 221 cited Currie v M'Knight [1896] AC 97 considered "The Eschersheim" [1976] 1 WLR 430 considered Opal Maritime Agencies Pty Ltd v Proceeds of Sale of Vessel MV "Skulptor Konenkov" (2000) 172 ALR 481 cited Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1988) 165 CLR 107 distinguished The Niobe (1888) 13 PD 55 discussed The Quickstep (1890) 15 PD 196 considered Owners of the "SS Devonshire" v Owners of the Barge "Leslie" [1912] AC 634 considered The MSC Panther and the Ericbank [1957] 1 Lloyds Rep 57 cited
United Kingdom Standard Conditions for Towage and Other Services (Revised 1974) ELBE SHIPPING SA v GIANT MARINE SHIPPING SA, BEING THE OWNERS OF THE SHIP "GLOBAL PEACE" and ADSTEAM HARBOUR PTY LIMITED
NSD 124 of 2006 SQ MARINE SA v GIANT MARINE SHIPPING SA, BEING THE OWNERS OF THE SHIP "GLOBAL PEACE" and ADSTEAM HARBOUR PTY LIMITED NSD 125 OF 2006
DOWSETT J
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