Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Seafood Imports Pty Ltd (ACN 006 456 819) v ANL Singapore Pte Ltd (No 1) [2009] FCA 435
SEAFOOD IMPORTS PTY LTD (ACN 006 456 819) v ANL SINGAPORE PTE LTD
VID 1246 of 2006
RYAN J
1 MAY 2009
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 1246 of 2006
BETWEEN: SEAFOOD IMPORTS PTY LTD (ACN 006 456 819)
Plaintiff
AND: ANL SINGAPORE PTE LTD
Defendant
JUDGE: RYAN J
DATE: 1 MAY 2009
PLACE: MELBOURNE
REASONS FOR RULING 1 The plaintiff seeks to adduce in evidence in these proceedings an affidavit of Yoshihisa Munemasa, affirmed on 6 March 2009 at the Australian embassy in Tokyo, Japan. Mr Munemasa is the manager of a cold store at Tokyo at which the goods the subject of this action were received from the consignor, Kohyo Company Limited, and stored for a time before being stuffed into a refrigerated container number CGMU2821902 and transported by truck to the Yokohama shipping terminal. 2 Annexed to Mr Munemasa's affidavit is a document labelled by hand in English "incoming report." Except for some figures and letters, it is in Japanese characters and purports to have been issued on 2 November 2005. It appears to record the reception on 1 November 2005 of six different categories of goods, mostly in 1 kilogram packs except for one category, of which there were four 2 kilogram packs, and another which was described as "250 grams x 2 x 20." A second annexure to Mr Munemasa's affidavit is labelled in English "outgoing report." Like the "incoming" report, it bears some Japanese characters, but by words and figures legible to a reader of English it appears to indicate that the same consignment of goods left the cold store on 4 November 2005 for delivery to the "CCSL Yantai". 3 The third annexure to Mr Munemasa's affidavit is a "condition report" dated 5 March 2005. It is in English and addressed to the plaintiff's Japanese insurer. It is in the following terms: 'Shipper: Kohyo Company Limited
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