New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Transportation law


  1. 07/11/2012
    Transportation law: Chain of time charterparties in 1981 NYPE form; claims in conversion and detinue in respect of ship’s bunkers when owners withdrew ship because head charterer failed to pay hire; question of which party had title to bunkers when owners withdrew the ship under head charter; discussion of when delivery of ship occurs under NYPE form; held title to the bunkers passed to the sub-charterer at the time of delivery; discussion of owners' lien for sub-freights under cl 18 of NYPE form charterparty; whether disponent owner’s right to receive payment for bunkers on delivery of ship to sub-charterer within owners' lien over sub-freights under cl 18; whether "subfreights" as used in cl 18 includes "hire".
    Daebo Shipping Co Ltd v The Ship Go Star  [2012] FCAFC 156
  2. 02/05/2012United Kingdom
    Transportation law: Time-chartered ship; where the ship has been lawfully withdrawn for non-payment of hire; whether the owners are entitled to be paid for the service of the vessel and bunkers consumed during a period of detainment; not a risk assumed under contract; fell within standard contractual employment and indemnity clause which properly construed meant that it was entitled to hire and fuel payments. Alternatively, owner entitled to same payments as non-contractual bailee of the cargo after the withdrawal of the vessel.
    Petroleo Brasileiro S.A v E.N.E. Kos 1 Limited  [2012] UKSC 17
  3. 05/03/2012
    Transportation law: Carriage by air; right of indemnity and contribution pursuant to Civil Aviation (Carriers' Liability) Act 1959 (Cth) ("Act"), s 37; whether two year time bar provision in Art 29 of Warsaw Convention and amending instruments ("Convention") made applicable in Pt IIIC of Act applicable.
    United Airlines Inc v Sercel Australia Pty Ltd  [2012] NSWCA 24
  4. 04/11/2011
    Transportation law: Whether jurisdiction conferred on a court by Admiralty Act 1988 (Cth) affects entitlement of foreign State to claim immunity from the jurisdiction of the Court under Foreign States Immunities Act 1985 (Cth)
    Walker v Government of the Republic of Vanuatu  [2011] FCAFC 138
  5. 13/10/2011
    Transportation law: Whether a charter agreement is a construction contract; liability of parties pursuant to an agreement for the hire of a back hoe dredge vessel; whether having invoked federal jurisdiction in proceedings in the Federal Court an adjudication application under the Building and Construction Industry Security of Payment Act 1999 (NSW) can be pursued; whether the State Act purports to withdraw the Federal Court's authority to quell a controversy within its jurisdiction; source of rights and remedies in federal jurisdiction; application of surrogate federal laws; maritime claim; admiralty jurisdiction in personam
    Birdon Pty Ltd v Houben Marine Pty Ltd  [2011] FCAFC 126
  6. 15/09/2011India
    Transportation law: Aviation; international carriage of goods; airline carrier delivered goods to an incorrect postal address; whether the airline carrier should be ordered to compensate the exporter for deficiency in service; airline carrier ordered to compensate exporter as it should have made further inquiries if it had difficulty determining the correct delivery address
    Trans Mediterranean Airways v M/S. Universal Exports & Anor  [2011] INSC 968
  7. 01/02/2011United Kingdom
    Transportation law: Shipping; foreseeability; proximate cause of damage to ship; inherent vice; whether loss caused by the ordinary perils of sea amounted to an "inherent vice" to release insurer from liability; Marine Insurance Act 1906 s 55(2)(c)
    Global Process Systems Inc v Syarikat Takaful Malaysia Berhad  [2011] UKSC 5
  8. 20/08/2010
    Transportation law: Where passenger fell down aircraft stairs and was injured; whether there was an "accident" within the meaning of s 28 of the Civil Aviation (Carriers' Liability) Act 1959 (Cth); whether primary judge allowed concepts of common law negligence to influence her characterisation of the alleged unsafe state of the stairs as an unusual, external event and the cause of the injury
    Brannock v Jetstar Airways P/L  [2010] QCA 218
  9. 16/04/2010New Zealand
    Transportation law: Maritime law; concealment of accident by Master; failure of Master to ascertain damage to ship immediately; resultant damage to cargo; application of Hague-Visby Rules; whether sub-charterer protected under Art 4.2(a) exemption for claims for damage to cargo; where barratry not pleaded expressly or by the necessary elements
    Tasman Orient Line CV v New Zealand China Clays Ltd  [2010] NZSC 37
  10. 19/03/2010Singapore
    Transportation law: Maritime law; damages for breach of contract; failure to deliver vessel in accordance with terms of voyage charterparty; whether plaintiff failed to act reasonably to mitigate it's loss by failing to hire alternative vessel available to carry the intended cargo; application of Mitchell v Kahl
    The "Asia Star"  [2010] SGCA 12