Commonwealth of Australia v MV Combi Dock III [2014] FCA 401

FEDERAL COURT OF AUSTRALIA

Commonwealth of Australia v MV Combi Dock III [2014] FCA 401 Citation: Commonwealth of Australia v MV Combi Dock III [2014] FCA 401

Parties: COMMONWEALTH OF AUSTRALIA v MV COMBI DOCK III, DOCKSHIP III APS and J POULSEN SHIPPING AS

File number(s): WAD 334 of 2013

Judge(s): SIOPIS J

Date of judgment: 24 March 2014

Date of hearing: 24 March 2014

Place: Perth

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 13

Counsel for the Plaintiff: Mr PJ Ward

Solicitor for the Plaintiff: Ashurst Australia

Counsel for the Defendants: Mr JA Thomson SC

Solicitor for the Defendants: Norton Rose Fulbright Australia

IN THE FEDERAL COURT OF AUSTRALIA in admiralty WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 334 of 2013

BETWEEN: COMMONWEALTH OF AUSTRALIA

Plaintiff

AND: MV COMBI DOCK III

First Defendant

DOCKSHIP III APS

Second Defendant

J POULSEN SHIPPING AS

Third Defendant

JUDGE: SIOPIS J DATE OF ORDER: 24 MARCH 2014 WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. Pursuant to the provisions of Order 2 below, the plaintiff disclose to the defendant documents particularising, outlining, quantifying or relating to each head of loss and/or damage claimed by the plaintiff. This includes, but is not limited to, the following: (a) Direct costs of repairs to the HMAS SHEEAN (SSG 77) (Submarine); (b) Indirect repair costs (including diverted labour costs) in relation to the Submarine; (c) Compensation for consequential loss or loss of use of the Submarine; (d) Other costs (including loss adjustment, claims administration, legal, and other consultant costs); and (e) Any other head of damage or loss claimed by the Plaintiff. 2. Subject to, and in accordance with, the Non-disclosure Undertaking agreed to between the parties, appearing as annexure "A" to the defendant's minute of proposed orders handed up in Court on 24 March 2014: (a) On or before 22 April 2014, the plaintiff will provide in disc form the disclosure of all documents in their custody, power or possession that fall within the applicable classes of documents identified at Order 1 above. 3. The parties have liberty to apply to the court for orders regarding the disclosure of the classes of documents identified at Order 1 above, and/or specific documents for the purpose of the mediation, or for any other directions in respect of the mediation. 4. The parties have liberty to apply to the court for any other orders the court deems appropriate. 5. There be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.