Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Beluga Shipping GmbH & Co v Headway Shipping Ltd [2008] FCA 1791
ADMIRALTY – straight bills of lading – non-negotiable freight prepaid bill of lading with named consignee – claused in traditional manner expressly providing that, on production of an original, others would be void and terms embodied in bill will be accomplished – whether document of title – whether "sea carriage document" under Sch 1A of Carriage of Goods by Sea Act 1991 (Cth) ADMIRALTY – shippingand navigation – bills of lading and carriage of goods by sea generally – application to vary Court orders to permit delivery of cargo without presentation of original bills of lading – whether permissible in circumstances Held: Application dismissed – straight bill of lading is document of title – straight bill of lading is "sea carriage document" under Sch 1A of Carriage of Goods by Sea Act 1991 (Cth) (Amended Hague Rules)
WORDS AND PHRASES - "sea carriage document", "straight bill of lading", "non-negotiable document" Carriage of Goods by Sea Act 1991 (Cth) Amended Hague Rules, Arts 1(g), 10(2), (3) Hague-Visby Rules, Art I(b) American President Lines v Guangzhou Feida Electrical Appartus Factory of Wanbao Group (Supreme People's Court of the People's Republic of China, 4th Civil Division, unreported, 25 June 2002) distinguished BHP Trading Asia Ltd v Oceaname Shipping Ltd (1996) 67 FCR 211 applied El Greco Australia Pty Limited v Mediterranean Shipping Company SA (2004) 140 FCR 296 cited Hilditch Pty Ltd v Dorval Dauin KK (No 2) (2007) 245 ALR 125 cited JI MacWilliam Co Inc v Mediterranean Shipping Co SA ("The Raphaela S") [2005] 2 AC 423 followed Neilson v Overseas Projects Corp (2005) 223 CLR 331 cited The Duke of Yare (unreported) 10 April 1997 ARR-RechtB Rotterdam cited APL Co Pte Ltd v Voss Peer [2002] 4 SLR 481; [2002] SGCA 41; reported sub nom Voss v APL Co Pte Ltd [2002] 2 Lloyd's Rep 707 cited The MSC Magallanes (2002) 631 DMF 952 cited The Malborough Hill v Alex Cowan & Sons Ltd [1921] 1 AC 444 cited BELUGA SHIPPING GMBH & CO. KS "BELUGA FANTASTIC" v HEADWAY SHIPPING LIMITED, SUZLON ENERGY LTD, SUZLON ENERGY AUSTRALIA PTY LTD ACN 107 631 176 and HEADWAY CHARTERING (CANADA) LIMITED
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