FEDERAL COURT OF AUSTRALIA
Daebo Shipping Co Ltd v The Ship Go Star [2011] FCA 1015
Citation: Daebo Shipping Co Ltd v The Ship Go Star [2011] FCA 1015 Parties: DAEBO SHIPPING CO LTD v THE SHIP GO STAR File number: WAD 21 of 2009 Judge: SIOPIS J Date of judgment: 31 August 2011 Corrigendum: 13 October 2011 Catchwords: ADMIRALTY – time charterparty – bunkers – claim for conversion and detinue of the bunkers – whether disponent owner had property in the bunkers
CONFLICT OF LAWS – claim for unlawful interference in contractual relations – double actionability rule – whether the events comprising the tort in substance took place in the People’s Republic of China
Cases cited: Breavington v Godleman (1988) 169 CLR 41
Cebu (No 1) [1983] 1 QB 1005
Cebu (No 2) [1993] QB 1
The Span Terza (No 2) [1983] 1 WLR 632
The Span Terza (No 2) [1984] 1 WLR 27
The Saint Anna [1980] I Lloyd’s Rep 180
Voth v Manildra Flour Mills Proprietary Ltd (1990) 171 CLR 538Date of hearing: 29-30 March 2011 Date of last submissions: 6 April 2011 Place: Perth Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 109 Counsel for the Plaintiff: Mr GR Hancy Solicitor for the Plaintiff: Sparke Helmore Counsel for the Defendant: Mr JA Thomson Solicitor for the Defendant: DLA Piper Australia FEDERAL COURT OF AUSTRALIA
Daebo Shipping Co Ltd v The Ship Go Star [2011] FCA 1015
CORRIGENDUM
1.In paragraph 106 of the Reasons for Judgment, in the second last line, substitute the word “Nanyuan” with the words “the defendant”.
I certify that the preceding one (1) numbered paragraph is a true copy of the Corrigendum to the Reasons for Judgment herein of the Honourable Justice Siopis. Associate:
Dated: 13 October 2011
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
IN ADMIRALTY
GENERAL DIVISION
WAD 21 of 2009
BETWEEN: DAEBO SHIPPING CO LTD
PlaintiffAND: THE SHIP GO STAR
Defendant
JUDGE:
SIOPIS J
DATE OF ORDER:
31 AUGUST 2011
WHERE MADE:
PERTH
THE COURT ORDERS THAT:
1.The application is dismissed.
2.The plaintiff is to pay the defendant’s costs.
Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
IN ADMIRALTY
GENERAL DIVISION
WAD 21 of 2009
BETWEEN: DAEBO SHIPPING CO LTD
PlaintiffAND: THE SHIP GO STAR
Defendant
JUDGE:
SIOPIS J
DATE:
31 AUGUST 2011
PLACE:
PERTH
REASONS FOR JUDGMENT
The defendant is a company, Go Star Maritime Co SA. It is the owner of the ship “MV Go Star”, a ship registered in Malta.
In 2007, the defendant entered into a time charterparty of the ship “MV Go Star” with Breakbulk Marine Services Limited (BMS). This was the head charterparty.
BMS then sub-chartered the ship to Bluefield Shipping Co Ltd. In July 2007 the plaintiff, Daebo Shipping Co Ltd, a company incorporated in South Korea, entered into a time sub-charterparty of the ship from Bluefield.
In December…
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- Case
- [2011] FCA 1015
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether Daebo Shipping Co Ltd, as disponent owner, had property in the bunkers supplied to the ship and whether Nanyuan’s claim for conversion and detinue was statute-barred. The court was also required to determine whether the disponent owner had unlawfully interfered in Bluefield Shipping Co Ltd’s contractual relations with Nanyuan. In determining the latter issue, the court was required to apply the double actionability test to determine whether the tort of unlawful interference in contractual relations was recognised in the People’s Republic of China, where the bunkers were supplied.
The court held that the disponent owner did not have property in the bunkers supplied to the ship, and that Nanyuan’s claim for conversion and detinue was statute-barred. The court also held that the disponent owner had not unlawfully interfered in Bluefield Shipping Co Ltd’s contractual relations with Nanyuan, as the tort of unlawful interference in contractual relations was not recognised in the People’s Republic of China. The application was dismissed, and the plaintiff was ordered to pay the defendant’s costs.
Orders
Orders of the court
1. The application is dismissed.
2. The plaintiff is to pay the defendant’s costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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