Baltic Shipping Company v Dillon

The case before the High Court of Australia involved an application by Mrs Dillon against the Baltic Shipping Company. The precise nature of the dispute is not fully detailed in the provided transcript, but it appears to concern an application for security, likely in relation to a judgment or potential judgment, and involves issues arising from the collapse of the Soviet Socialist Republic and its economic consequences.

The legal issues before the Court included the admissibility of evidence presented in an affidavit, specifically concerning statements of fact that were objected to on the grounds of form and accuracy. The Court was also required to consider the relevance and impact of the collapse of the Soviet Union on the economic circumstances affecting the parties and the application.

The Court, presided over by Her Honour, indicated that it had read the outline of submissions and noted the objections raised by the Baltic Shipping Company. The objections to the affidavit focused on the form of certain statements, with Mr Street arguing that they were conclusions rather than admissible evidence, and that their accuracy was disputed. For instance, a statement regarding a stay on other plaintiffs was objected to as being a conclusion and potentially incorrect, with the proper evidence being an order or transcript. Similarly, a passage concerning damages and delay was also challenged on the grounds of form.