Caba (Aust) Pty Ltd v Secure Call Pty Ltd - [2019] FCCA 2495

FEDERAL CIRCUIT COURT OF AUSTRALIA

CABA (AUST) PTY LTD v SECURE CALL PTY LTD

[2019] FCCA 2495

Catchwords:
ADMIRALTY – PRACTICE AND PROCEDURE – plaintiff claiming to be the owner of a vessel (Vessel) involved in a collision with other vessels and a marina in the Gold Coast makes claims for damages against repairer of the Vessel alleging that the defendant’s negligent repairs of the Vessel was the cause of the Vessel’s colliding with the other vessels and the marina – owner of marina commenced proceeding in the Federal Court in Brisbane alleging negligence by the person who navigated the Vessel which was subsequently remitted to the Federal Circuit Court in Brisbane – the owners of two of the vessels with which the Vessel collided each commenced proceedings in the Queensland Magistrates Court in Brisbane against the person who navigated the Vessel alleging negligence – the parties in each proceeding agree that all claims in all proceedings should at the very least be heard and determined together – whether claims in all proceedings other than the claims the plaintiff makes against the repairer should be stayed pending determination of those claims – whether all claims should be heard and determined in Brisbane or in Sydney – premature to decide these questions – order made that plaintiff to do all things as are reasonably within its power to cause the defendant in the Queensland Magistrates Court proceedings to apply under s.40 of the Admiralty Act 1988 (Cth) for an order that the proceedings in that Court be transferred to the Federal Circuit Court in Brisbane – proceedings set down for further directions pending application to have proceedings in the Queensland Magistrates Court transferred to the Federal Circuit Court.

Legislation:

Admiralty Act 1988 (Cth), ss.4(3), 9(1), 11, 17, 27, 39(2), 40
Australian Constitution, Chapter III
Australian Consumer Law, Schedule 2, ss.60, 61
Civil Liability Act 2003 (Qld), ss.30, 31
Competition and Consumer Act 2010 (Cth), s.60
Magistrates Courts Act 1921 (Qld), s.4
Transport Operations (Marine Safety) Act 1994 (Qld), ss.4, 5
Transport Operations (Marine Safety) Act Regulation 2016 (Qld)

Cases cited:

Anchor Products Ltd v Hedges [1966] HCA 70; (1966) 115 CLR 493
Re Wakim; Ex parte McNally [1999] HCA 27; (1999) 198 CLR 511
Schellenberg v Tunnel Holdings [2000] HCA 18; 200 CLR 121; 170 ALR 594; 74 ALJR 743

Plaintiff:

CABA (AUST) PTY LTD

Defendant:

SECURE CALL PTY LTD

First Interested Party:

GOLD COAST CITY MARINA PTY LTD (ACN 083 695 283)

Second Interested Party:

ANIMAL LOGIC GROUP PTY LTD (ABN 84 096 692 732)

Third Interested Party:

GRANT SCURRAH

File Number:

SYG 1009 of 2019

Judgment of:

Judge Manousaridis

Hearing date:

9 August 2019

Date of Last Submission:

23 August 2019

Delivered at:

Sydney

Delivered on:

6 September 2019

REPRESENTATION

Solicitors for the Plaintiff:

Mr L McBride of Chamberlains Law Firm

Solicitors for the Defendant:

Ms W Bure of Carter Newell Lawyers

Counsel for the First Interested Party:

Ms M…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Caba (Aust) Pty Ltd v Secure Call Pty Ltd

Details

AGLC: CABA (Aust) Pty Ltd v Secure Call Pty Ltd [2019] FCCA 2495
Case: [2019] FCCA 2495
Decision Date: 6 September 2019

CaseChat Overview and Summary

In the Federal Court of Australia, Brisbane Registry, the plaintiff, Caba (Aust) Pty Ltd, alleged that the defendant, Secure Call Pty Ltd, caused damage to a vessel through negligent repairs. This negligence, Caba contended, led to the vessel colliding with other vessels and a marina. The marina owner had commenced proceedings in the Federal Court alleging negligence by the vessel's navigator, which were subsequently remitted to the Federal Circuit Court. Separately, the owners of two vessels involved in the collision had initiated proceedings in the Queensland Magistrates Court against the navigator, also alleging negligence.

The central legal issues before the court concerned the appropriate forum and procedural steps for resolving these interconnected disputes. Specifically, the court had to consider whether claims in proceedings other than Caba's claim against Secure Call should be stayed pending the determination of those claims. Furthermore, the court was asked to determine whether all claims should be heard and determined in Brisbane or Sydney.

His Honour Judge Manousaridis found it premature to definitively decide on a stay or the ultimate hearing location. Instead, the court made an order directing Caba (Aust) Pty Ltd to take all reasonable steps to ensure that the defendant in the Queensland Magistrates Court proceedings applied under section 40 of the *Admiralty Act 1988* (Cth) for the transfer of those proceedings to the Federal Circuit Court in Brisbane. The proceedings were then adjourned for further directions, pending the outcome of this application for transfer.

Orders