Poralu Marine Australia Pty Ltd v MV Dijksgracht – [2022] FCA 1038, Federal Court of Australia, (Justice Stewart) – 6 September 2022

Contracts (carriage of goods by sea) – Applicable limitation regime – Formation – Fixture recap emails – Booking note – Sea waybill subsequently issued – Whether contract in emails or booking note – Whether sea waybill superseding prior concluded contract – Hague Rules – Australian Hague Rules – Hague-Visby Rules – Himalaya Clause

Between 6 and 11 December 2019, 23 pontoons and 11 pallets were loaded on board the motor vessel Dijksgracht at the port of Cork, Ireland, as breakbulk cargo. The cargo was consigned to the claimant, Poralu Marine Australia Pty Ltd, for installation at the Royal Geelong Yacht Club. The cargo was discharged on or about 13 February 2020 at Geelong.