IXOM OPERATIONS PTY LTD v BLUE ONE SHIPPING SA AND OTHERS (THE “CS ONSAN”)

[2023] Lloyd's Rep. Plus 27

FEDERAL COURT OF AUSTRALIA

Before Justice Burley

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, Amended Hague-Visby Rules, articles 1 and 3.