Great China Metal Industries Company Ltd v Malaysian International Shipping Corporation Berhad (Bunga Seroja)

JurisdictionAustralia Federal only
CourtHigh Court
Judgment Date1999
Year1999
Date1999

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7 cases
  • Volcafe Ltd and Others v Compania Sud Americana de Vapores SA (t/a CSAV)
    • United Kingdom
    • Supreme Court
    • 5 December 2018
    ...& Laurence Line Ltd 1966 SC(HL) 19; and in the High Court of Australia in Great China Metal Industries Co Ltd v Malaysian International Shipping Corpn Bhd (The “BUNGA SEROJA”) [1999] 1 Lloyd's Rep 512. 27 The “Albacora” is important mainly for its analysis of the meaning of inherent vic......
  • Povey v Qantas Airways Ltd
    • Australia
    • High Court
    • 23 June 2005
    ... ... by Air — Liability of carrier — International Convention imposing liability for damage ... little from the meaning of the term in Great Britain, Germany, or the United States’. Both ... As I pointed out in Great China Metal Industries Co Ltd v Malaysian International Shipping Corp, Berhad 51 : ‘[The] extrinsic ... the departure from industry standards and company policy as the ‘unusual event’. But in Saks ... v Malaysian International Shipping Corporation Berhad 225 ... Perhaps the time has come to ... ...
  • Minister for Immigration and Multicultural and Indigenous Affairs v Qaah of 2004
    • Australia
    • High Court
    • 15 November 2006
    ...to apply for Australian citizenship, another matter which it is presently unnecessary to decide. 26Great China Metal Industries Co Ltd v Malaysian International Shipping Corporation, Berhad (1998) 196 CLR 161 at 176 [38], 186–187 [71], 213 [137], 227–228 [179]–[180]; Povey v Qantas Airways ......
  • Volcafe Ltd and Others v Compania Sud Americana de Vapores SA (t/a CSAV)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 10 November 2016
    ...upon an Article 4 rule 2 exception if it disproved negligence. 49 The subsequent decision of the High Court of Australia in The Bunge Seroja [1999] 1 Lloyd's Rep 512 was another case where the exception of perils of the sea in Article IV rule 2(c) had been relied upon by the carrier. The tr......
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1 firm's commentaries
  • Shipping in Australia 2020
    • Australia
    • Mondaq Australia
    • 17 August 2019
    ...UKSC 61 will impact on the Australian jurisdiction particularly given the Australian High Court's decision in The Bunga Seroja [1999] 1 Lloyd's Rep 512 which was not followed by the Supreme Court. Intermediate Australian courts must continue to apply Bunga Seroja, until the question is dete......
1 books & journal articles
  • Book Review: Shipping law and admiralty jurisdiction in South Africa
    • South Africa
    • Juta South Africa Mercantile Law Journal No. , May 2019
    • 25 May 2019
    ...v Malaysian International Shipping Corporation Berhad (The © Juta and Company (Pty) Ltd 356 (2000) 12 SA Merc LJ 'Bunga Seroja') [1999] 1 Lloyd's Rep 512. See also Martin Davies 'Application of the Hague Rules' Perils of the Sea' Defence in Australia: The 'Bunga Seroja' (1999) 23 Tulane Ma......