Carmichael Rail Network Pty Ltd v BBC Chartering Carriers GmbH & Co KG (The BBC Nile) - [2022] FCAFC 171, Federal Court of Australia, Full Court (Supreme Court Justice Rares, Justice Derrington and Justice Stewart - 12 October 2022

Carriage of goods - Bill of lading - Bill of lading for carriage of cargo of steel rails between ports in different Australian states - Carrier commencing London arbitration on LMAA terms - Bill of lading containing clause paramount, choice of law clause and jurisdiction clause - Effect of foreign choice of law and jurisdiction clauses in respect of inter-state carriage - Anti-suit injunction - Stay - FIOST clauses - Australian amended Hague Rules - Carriage of Goods by Sea Act 1991 (Cth), sections 10(1)(b)(ii) and 11(2), and article 3(8) of schedule 1A

On 19 December 2019 Carmichael Rail and OneSteel entered into a contract for the manufacture and supply by OneSteel of 21,647 tonnes of 60k head-hardened steel rails to Carmichael Rail. On 6 August 2020 Carmichael Rail and OneSteel entered into a "Goods and Services Agreement" for the transport of the goods by OneSteel from the Whyalla Facility in South Australia to a vessel of Carmichael Rail's nomination at the loading berth, and for the loading of the goods onto that vessel, including the supply of rail lifting gear for the purpose of loading and unloading the goods.