Wollongong Coal Ltd v PCL (Shipping) Pte Ltd (The “Illawarra Fortune”) – Supreme Court of NSW (Stevenson J) [2020] NSWSC 184 – 5 March 2020

Carriage of goods by sea – Disponent owner taking assignment of vessel owner’s rights under bills of lading – Voyage charterer failing to pay freight and other costs – Disponent owner relying on assignment to claim sums due from shipper under bills of lading – Whether assignee entitled to recover sums from shipper

The defendant (PCL) was the time charterer of the vessel Illawarra Fortune. PCL sub-chartered her to Gujarat NRE Coke Ltd (Gujarat India) for the carriage of a cargo of coal from Australia to India. Gujarat India failed to pay PCL the freight and other shipping costs of some US$3.2 million due under the voyage charter.