Successful judgement
Henry William Lawyers have had a successful judgement delivered by the full Federal Court of Appeal in the matter: Poralu Marine Australia Pty Ltd v Spliethoff Transport BV & Anor - NSD849/2022 and Poralu Marine Australia Pty Ltd v The Ship MV "Dijksgracht" - NSD852/2022.
The appeal arose on a separate question concerning the carrier and ship’s ability to limit liability to a level of Pounds Sterling 100 per package or unit. Stuart Blaxell and Max Bonnell acted for the cargo interests seeking to recover for the total loss of 3 marina pontoons/breakwaters, carried from Cork, Ireland to Geelong, Australia in late 2019/early 2020. The Judge at first instance found that the carrier/ship interests were entitled to limit liability at GBP100 per package or unit, meaning our clients could recover no more that GBP 300 in total.
On appeal the Full Federal Court has reversed that finding, meaning that our clients may proceed to seek recovery of their full losses (subject to Hague-Visby limitation unless that is broken).
A copy of the judgment can be viewed here:
Comments