Wollongong Coal Limited v PCL (Shipping) Pte Ltd [2020] NSWSC 184

Supreme Court New South Wales

Medium Neutral Citation: Wollongong Coal Limited v PCL (Shipping) Pte Ltd [2020] NSWSC 184 Hearing dates: 17–18, 20–21 February 2020; further written submissions 2 March 2020 Date of orders: 05 March 2020 Decision date: 05 March 2020 Jurisdiction: Equity - Commercial Arbitration List Before: Stevenson J Decision: Claim of vessel owner's assignee against shipper under bills of lading to be dismissed Catchwords: SHIPPING – carriage of goods by sea – bills of lading – where bills of lading provided "freight payable per charter party" – where time charterer took assignment from vessel owner of rights under the bills of lading – whether assignee from vessel owner entitled to recover freight from shipper – where bill of lading cancelled and fresh bills issued Cases Cited: Cascade Shipping Inc v Eka Jaya Agencies (s) Pte Ltd [1992] SGCA 7 Domett v Beckford (1833) 5 B & Ad 521; 110 ER 883 Dry Bulk Handy Holding Inc v Fayette International Holdings Limited (The "Bulk Chile") [2013] 2 Lloyds Rep 38 Fox v Nott (1861) 6 H & N 630; 158 ER 261 Leonie's Travel Pty Limited v Qantas Airways Limited (2010) 183 FCR 246; [2010] FCAFC 37 Tradigrain SA v King Diamond Shipping SA (The "Spiros C") [2000] 2 Lloyds Rep 319 Sanders v Vanzeller (1843) 4 QB 260; 114 ER 897 The Annefield [1971] P 168 Wehner v Dene Steamship Co [1905] 2 KB 92 Texts Cited: B Eder, H Bennett, S Berry, D Foxton and C Smith, Scrutton on Charterparties and Bills of Lading (23rd ed, 2015, Sweet & Maxwell) J D Heydon, Heydon on Contract (2019, Lawbook Co) M Davies and H Dickie, Shipping Law (4th ed, 2016, Lawbook Co) Category: Principal judgment Parties: Wollongong Coal Ltd (Plaintiff/Cross Defendant) PCL (Shipping) Pte Ltd (Defendant/Cross Claimant) Representation: Counsel: C H Withers with P A Meagher (Plaintiff) J A Hogan-Doran with C L W Street (Defendant)