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CSL Australia Pty Ltd v Tasmanian Ports Corporation Pty Ltd (The Goliath) [2024] FCA 824, Federal Court of Australia (Justice Stewart), 26 July 2024
Admiralty - Limitation of liability - Limitation of liability for wreck removal claims - Reservation against limitation of claims for the removal of wreck - Two tugs becoming wreck as a result of allision - Removal of wrecks by port authority - Contracts - Standard terms - Whether port's standard terms excluding right to limit liability for removal of wreck - Convention on Limitation of Liability for Maritime Claims 1976, articles 2(1)(a) and (d) - Limitation of Liability for Maritime Claims Act 1989 (Cth)
Online Published Date:
11 October 2024
Appeared in issue:
1170 - 11 October 2024
London Arbitration 13/24
Bills of lading - Claims by consignee - Jurisdiction - Whether sole arbitrator properly appointed under arbitration clause incorporated from charterparty - Arbitration in Hong Kong SAR under LMAA Terms - Whether Hong Kong law precluded appointment of arbitrator first appointed when the respondent failed to make second appointment - Construction of arbitration clause comprising wording in standard form, rider, and recap - Costs
Online Published Date:
11 October 2024
Appeared in issue:
1170 - 11 October 2024
Stournaras Stylianos Monoprosopi EPE v Maersk A/S [2024] EWHC 2494 (Comm) - King's Bench Division, Commercial Court (Lionel Persey KC, sitting as a Judge of the High Court) - 7 October 2024
Carriage of goods - Claim by consignee against carrier - Shippers fraudulently loading containers of concrete blocks rather than copper wire - Weight discrepancy not noted on bills of lading - Duty of carrier to consignee - Duty of care in tort - Carriage of Goods by Sea Act 1992 - Hague Rules, article III.3
Online Published Date:
25 October 2024
Appeared in issue:
1171 - 25 October 2024
Dan-Bunkering (Singapore) Pte Ltd v The Ship "Yangtze Fortune" [2024] FCA 1149 - Federal Court of Australia (Justice Stewart) - 1 October 2024
Admiralty - Judicial sale of vessel - Right of owner to claim for sums owed by demise charterer - Priorities of claimants against proceeds of sale - Admiralty Act 1988 (Cth)
Online Published Date:
25 October 2024
Appeared in issue:
1171 - 25 October 2024