Ozmen Entertainment Pty Ltd v Neptune Hospitality Pty Ltd (No 5) [2019] FCA 904

FEDERAL COURT OF AUSTRALIA

Ozmen Entertainment Pty Ltd v Neptune Hospitality Pty Ltd (No 5) [2019] FCA 904 File number(s): NSD 1424 of 2017

Judge(s): RARES J

Date of judgment: 9 May 2019

Cases cited: Ozmen Entertainment Pty Ltd v Neptune Hospitality Pty Ltd [2019] FCA 721

Date of hearing: 9 May 2019

Registry: New South Wales

Division: General Division

National Practice Area: Admiralty and Maritime

Category: No Catchwords

Number of paragraphs: 24

Counsel for the Applicants: Mr T Castle with Ms E Kovacs

Solicitor for the Applicants: Holman Webb Lawyers

Counsel for the Respondent: Mr E Cox SC with Ms C Gleeson

Solicitor for the Respondent: Barringer Leather Lawyers

ORDERS NSD 1424 of 2017

BETWEEN: OZMEN ENTERTAINMENT PTY LTD First Applicant

KANKI SEA TOURISM HOSPITALITY & ENTERTAINMENT PTY LTD Second Applicant

AND: NEPTUNE HOSPITALITY PTY LTD Respondent

JUDGE: RARES J DATE OF ORDER: 9 MAY 2019

THE COURT DECLARES THAT:

1. The Joint Venture Agreement between the Second Applicant (Kanki) and the Respondent (Neptune) dated 6 January 2016 (JVA) was validly terminated by Kanki on and from 25 July 2017. 2. The joint venture business between Kanki and Neptune established under the JVA (Business) was validly terminated on and from 25 July 2017, by reason of the termination of the JVA. 3. The Charter and Licence Agreement between the First Applicant (Ozmen), Neptune and Kanki for the demise charter of the Vessel dated 6 January 2016 (Charter Agreement) was validly terminated by Ozmen on and from 4 August 2017. 4. Kanki is not liable for any damages to Ozmen either in respect of the breach of the Charter Agreement prior to 4 August 2017 or in respect of the use of the Vessel on and after 4 August 2017, with any such damages to be payable solely by Neptune.