Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MSC Cruises SA Geneva v Gallipoli Cruises 2015 Pty Ltd [2016] FCA 884 File number: NSD 646 of 2016
Judge: RARES J
Date of judgment: 7 July 2016
Legislation: Australian Consumer Law ss 18, 236 Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) rr 5.22, 5.23 Practice Note CM 16
Cases cited: Searson v Salmon [2014] FCA 748 Suzlon Energy Limited v Bangad (No. 2) [2014] FCA 1173
Date of hearing: 7 July 2016
Registry: New South Wales
Division: General Division
National Practice Area: Admiralty and Maritime
Category: No Catchwords
Number of paragraphs: 19
Counsel for the Applicant: Mr C Carter
Solicitor for the Applicant: CCSG Legal
ORDERS NSD 646 of 2016
BETWEEN: MSC CRUISES SA GENEVA (CHE-112.808.357 TVA) Applicant
AND: GALLIPOLI CRUISES 2015 PTY LTD (ACN 143 049 423) Respondent
JUDGE: RARES J DATE OF ORDER: 7 JULY 2016
THE COURT ORDERS THAT:
1. The respondent pay the applicant the sum of €794,363.50, inclusive of prejudgment interest of €17,577.50, pursuant to s 51A of the Federal Court of Australia Act 1976 (Cth). 2. The respondent pay the applicant's costs fixed in the amount of $22,000. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
(REVISED FROM THE TRANSCRIPT) RARES J: 1 On 29 September 2011, MSC Cruises SA Geneva entered into a voyage charter party of a "musica" class passenger ship with Gallipolli Cruise 2015 Pty Limited (the charterer). The charter party was for a voyage in the period between 26 March 2015 and 30 April 2015 at a base rate of hire of €11,555,000 plus certain additional sums, some of which were payable in United States dollars, in accordance with provisions of the charter party. 2 Ultimately, MSC nominated MSC Orchestra, a musica class vessel, to perform the charter and she was placed at the disposal of the charterer on 26 March 2015. The charterer redelivered MSC Orchestra in accordance with the charter party at the Port of Civitavecchia on 30 April 2015.
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