Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Seafood Imports Pty Ltd v ANL Singapore Pte Ltd [2010] FCA 702
Citation: Seafood Imports Pty Ltd v ANL Singapore Pte Ltd [2010] FCA 702
Parties: SEAFOOD IMPORTS PTY LTD (ACN 006 456 819) v ANL SINGAPORE PTE LTD
File number(s): VID 1246 of 2006
Judge: RYAN J
Date of judgment: 5 July 2010
Catchwords: SHIPPING AND NAVIGATION – Carriage of goods by sea – In refrigerated container supplied by carrier – controller on container becoming stuck in defrost mode due to incompatible software – Whether goods properly and carefully carried, kept, cared for and discharged – Exception of latent defect – Whether malfunctioning of container not discoverable by due diligence – Hague-Visby Rules Arts III rr (1) and (2) and IV rr (1) and (2)(p)
Legislation: International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading at Brussels, August 25, 1924 as amended by a Protocol to Amend the International Convention for the Unification of Certain Rules Relating to Bills of Lading signed at Brussels December 21, 1979 ("the Hague-Visby Rules") Articles III and IV
Evidence Act 1995 (Cth) ss 63 and 64 Federal Court of Australia Act 1976 (Cth) s 51A
Cases cited: Seafood Imports Pty Ltd v ANL Singapore Pte Ltd (No 1) [200] FCA 435 Gamlen Chemical Company (A'sia) Pty Ltd v Shipping Corporation of India Ltd [1978] 2 NSWLR 12 Shipping Corporation of India Ltd v Gamlen Chemical Company (A'sia) Pty Ltd (1980) 147 CLR 142 Great China Metal Industries Co Ltd v Malaysian International Shipping Corporation Berhad ("The Bunga Seroja") (1998) 196 CLR 161 CV Scheepvaartonderneming Ankergracht v Stemcor (A'sia) Pty Ltd (2007) 160 FCR 342 Marbig Rexel Pty Ltd v ABC Containerline NV ("The TNT Express") [1992] 2 Lloyd's Rep 636 Minister of Materials v Wold SS Co [1952] 1 Lloyds Rep. 485 Nikolay Malakov Shipping Co Ltd v Sea Sapfor Ltd (1998) 44 NSWLR 371 Pyrene Co Ld v Scindia Navigation Co [1954] 2 QB 402
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