Lloyd's Maritime Law Newsletter
Ixom Operations Pty Ltd v Blue One Shipping SA and Others (The CS Onsan) - [2022] FCA 1101, Federal Court of Australia (Burley J), 19 September 2022
Contract (bill of lading) - Time bar - Extension of time - Bill of lading consignee obtaining time bar extension from "owner" - Litigation commenced against registered owner within time - Demise charterer joined out of time - Registered owner's defence that it was not a party to the contract of carriage - Demise charterer's time bar defence - Estoppel - Carriage of Goods by Sea Act 1991 (Cth), section 8 and schedule 1A - Hague-Visby Rules, articles 1 and 3 - Competition and Consumer Act 2010 (Cth)
Ixom
was the purchaser and consignee of a cargo of approximately 25,300 mt of sulphuric acid being shipped in bulk from Korea to
Australia. The vendor was Trammo, which had arranged for the carriage of the cargo under a tanker voyage charterparty for
the vessel
CS Onsan. Ixom
was not a party to the charterparty, but was named as consignee on a bill of lading dated 22 May 2017.