Rail Equipment Leasing Pty Ltd v CV Scheepvaartonderneming Emmagracht (The “Emmagracht”) – New South Wales Supreme Court (Rein J) – 2 September 2008
Carriage of goods by sea – Cargo carried from Denmark to Australia – Carrier exercising lien on cargo – Whether contractual jurisdiction clause enforceable – Whether lien validly exercised – Carriage of Goods by Sea Act 1991, Admiralty Act 1988
Rail Equipment Leasing Pty Ltd (“REL”) contracted with Baltship AS (“Baltship”) for the carriage of six locomotives (“the goods”) from Denmark to Australia. Baltship contracted with CV Scheepvaartonderneming Emmagracht (“the carrier”) to carry the goods on the vessel Emmagracht . The carrier issued a bill of lading to Baltship (“the ocean bill”) and Baltship issued a similar document to REL (“the Baltship bill”). The ocean bill contained an exclusive jurisdiction clause providing that all disputes should be determined by the courts where the carrier had their principal place of business.
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Michael Daiches, Barrister
Jan 21 2009
