China Shipping (Australia) Agency Co Pty Limited v D V Kelly Pty Limited [2010] NSWSC 1556

New South Wales Supreme Court

CITATION : China Shipping (Australia) Agency Co Pty Limited v D V Kelly Pty Limited [2010] NSWSC 1556

HEARING DATE(S) : 14 December 2010 JURISDICTION : Equity Division Admiralty List

JUDGMENT OF : Rein J

EX TEMPORE JUDGMENT DATE : 14 December 2010

DECISION : Decision of the Consumer Trader and Tenancy Tribunal dated 21 April 2010 in proceeding GEN 09/48077 was vitiated by reason of the second defendant having acted in excess of its jurisdiction (because it had no jurisdiction to hear a claim falling within s 9 of the Admiralty Act 1988 (Cth)). An order in the nature of certiorari made to quash the decision of the Tribunal dated 21 April 2010.

CATCHWORDS : PRACTICE – Jurisdiction – Federal jurisdiction of State courts – Admiralty – General maritime claim – Dispute was in federal jurisdiction – Admiralty Act 1988 (Cth) ss 4(3)(f), 9(1) -- where plaintiffs challenged the jurisdiction of the Consumer Trader and Tenancy Tribunal in a determination on shipping container fees -- whether the Tribunal has jurisdiction to determine a consumer claim under the Consumer Claims Act 1998 (NSW) which is also a maritime claim under the Admiralty Act 1988 (Cth) -- whether the Tribunal is a court of the State within the meaning of s 77(iii) of the Commonwealth Constitution – whether s 9(1) of the Admiralty Act 1988 (Cth) confers jurisdiction on the Tribunal -- whether the Tribunal was precluded from exercising jurisdiction in respect of D V Kelly's claim.

Admiralty Act 1988 (Cth) Commonwealth Constitution LEGISLATION CITED : Consumer Claims Act 1998 (NSW) Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) Judiciary Act 1903 (Cth) Supreme Court Act 1981 (UK)