PNSL Berhad v Deutsche Morgan Grenfell Leasing P/L

The plaintiff, PNSL Berhad, filed an application for summary judgment against the defendant, Deutsche Morgan Grenfell Leasing P/L, in the Supreme Court of Australia. The dispute arose from a contract of towage involving a collision between a tug and a barge. The plaintiff sought summary judgment on the basis that there was no real prospect of the defendant succeeding in its defence and that the issues between the parties should proceed to trial. The defendant opposed the application, arguing that there were triable issues regarding the circumstances of the collision and the applicability of the UK Standard Towage Conditions.

The court was required to determine whether the defendant had a real prospect of success in its defence and whether there were any triable issues regarding the construction of the UK Standard Towage Conditions. The court also had to consider whether the UK Standard Towage Conditions excluded or restricted the implied warranty of seaworthiness and whether this exclusion was void under the Trade Practices Act 1974. The court needed to assess whether the issues raised by the defendant were sufficient to warrant a trial.

The court held that there were triable issues regarding the circumstances of the collision and the applicability of the UK Standard Towage Conditions. The court found that the defendant had raised a genuine issue as to whether the collision occurred whilst the tug was towing the barge and whether the tug was in a position to receive orders from the hirer’s vessel. The court also found that there was a genuine issue as to whether the UK Standard Towage Conditions excluded or restricted the implied warranty of seaworthiness. The court held that these issues were complex and required a trial to be resolved. The court dismissed the application for summary judgment and ordered that the issues be proceeded to trial.