Tutt Bryant Group Limited v Japan Vanlines Co. Ltd [2010] NSWSC 1464

New South Wales Supreme Court

CITATION : Tutt Bryant Group Limited v Japan Vanlines Co. Ltd [2010] NSWSC 1464

HEARING DATE(S) : 9 November 2010

JUDGMENT DATE : 9 November 2010

JURISDICTION : Equity Division Admiralty List

JUDGMENT OF : Rein J

1. Judgment for the first plaintiff against the defendant. 2. Defendant to pay to the first plaintiff the Australian Dollar Equivalent of the amount of 43,000 Special Drawing Rights being AUD $67,080.00. DECISION : 3. Second plaintiff's claim against the defendant dismissed with no order as to costs. 4. Defendant to pay the costs (as agreed or assessed) of the first plaintiff on an ordinary basis up to 7 June 2010 and on an indemnity basis from 8 June 2010 to today's date. 5. Defendant to pay the first plaintiff interest on the amount of AUD $67,080.00 from 4 April 2008 calculated in accordance with the Uniform Civil Procedure Rules and Practice Note (vis in accordance with Schedule 5 of the Uniform Civil Procedure Rules to 30 June 2010 and Practice Note No. SC Gen 16 from 1 July 2010 to 24 November 2010).

CATCHWORDS : SHIPPING AND NAVIGATION - bills of lading and carriage of goods by sea generally - actions for loss or injury in transit - limitations on liability and exceptions as to liability - where pieces of equipment lost in transit - where defendant's liability limited by Hague-Visby Rules - whether plaintiffs entitled to summary judgment pursuant to Rule 13.1 of Uniform Civil Procedure Rules

LEGISLATION CITED : Uniform Civil Procedure Rules 2005 (NSW)

CATEGORY : Principal judgment

Tutt Bryant Group Limited (first plaintiff) PARTIES : BT Equipment Pty Ltd (second plaintiff) Japan Vanlines Co. Ltd (defendant)