Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BHPB Freight Pty Ltd v Cosco Oceania Chartering Pty Ltd (No 3) [2009] FCA 1087 AGENCY – warranty of authority – shipbroker purportedly acting for one party but actually acting for another – measure of damages TRADE PRACTICES – misleading conduct – damages recoverable under s 82 – whether possible to avoid operation of s 82(1B) by claiming compensation under s 87 ADMIRALTY – shipbroking contract – implication of terms – no implied obligation to provide copies of documents relating to charterparty – implication of term requiring broker to exercise reasonable skill and care – whether term breached
WORDS AND PHRASES – "sponsorship, approval or affiliation" – whether agency relationship constitutes approval or affiliation
Trade Practices Act 1974 (Cth), ss 52, 53(bb), 53(d), 82, 82(1B) & 87 Trade Practices Revision Act 1986 (Cth)
BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266 Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Collen v Wright (1857) 8 E & B 647 Firbank's Executors v Humphreys (1886) 18 QBD 54 For the Good Times Pty Ltd v Coltern Pty Ltd [2007] NSWSC 807 Graham Barclay Oyster v Ryan (2002) 211 CLR 540 Marks v GIO Australia Holdings Ltd (1998) 196 CLR 494 Penn v Bristol & West Building Society [1997] 1 WLR 1356 Bowstead and Reynolds on Agency (18th ed, 2006) Chitty on Contracts (30th ed, 2008) Dal Pont, The Law of Agency(2nd ed, 2008) Jamieson, A, Shipbrokers and the Law (1977)
BHPB FREIGHT PTY LTD v COSCO OCEANIA CHARTERING PTY LTD and BRAEMAR SEASCOPE PTY LTD (formerly known as SEAWISE AUSTRALIA PTY LTD and SOUTHERN CHARTERING PTY LTD)
VID 903 of 2006
FINKELSTEIN J
25 SEPTEMBER 2009
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 903 of 2006
GENERAL DIVISION
BETWEEN: BHPB FREIGHT PTY LTD
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate