PORALU MARINE AUSTRALIA PTY LTD v MV DIJKSGRACHT

[2023] Lloyd's Rep. Plus 19

FEDERAL COURT OF AUSTRALIA

Before Justice Stewart

Contracts (carriage of goods by sea) – Formation – Fixture recap email – Email providing that terms to be otherwise as per booking note including rider clauses – Option to request bill of lading – Sea waybill subsequently issued – Whether sea waybill superseding prior concluded contract – Booking note in the nature of charterparty – Terms – Paramount clause – Which limitation regime applicable – Himalaya clause – Authority to enter into Himalaya clause for shipowner – Australian Hague Rules – Hague-Visby Rules, article 10.