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

JurisdictionAustralia Federal only
CourtHigh Court
Judgment Date1999
Date1999
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7 cases
  • Alianca Navegacao E Logistica Ltda v Ameropa SA
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 22 November 2019
    ...... dated 6 December 2003 from Forever Shipping S.A. (the “ Head Owners ”). The Vessel was ...(1) The Hague Rules contained in the International Convention for the Unification of certain rules ...3 named Archer Daniels Midland Company South Africa Pty Ltd (“ ADM ”). . . ... of the High Court of Australia in The Bunga Seroja [1999] 1 Lloyd's Rep. 512 § 98 where ... coasts of Africa, Spain, Portugal, France, Great Britain and Ireland, for the purpose of ......
  • Volcafe Ltd and Others v Compania Sud Americana de Vapores SA (t/a CSAV)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 10 November 2016
    ...... Handed Down Judgment of WordWave International Limited Trading as DTI 165 Fleet Street, London ... climates to colder climates to line the metal surfaces of the containers with strong corrugated ...in G.H. Renton v Palmyra Trading Corporation [1957] A.C. 149 at 166 followed in Albacora ... & Sons Ltd v Federal Steam Navigation Company Ltd (1927) 27 Ll. L. Rep. 395 , a case decided, ...: Roche J in Borthwick v New Zealand Shipping Co (1934) 49 Ll. L. Rep 23 at 24; Atkinson J in ... the High Court of Australia in The Bunge Seroja [1999] 1 Lloyd's Rep 512 was another case where ......
  • 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 ......
  • Povey v Qantas Airways Ltd
    • Australia
    • High Court
    • 23 June 2005
    ...... of Certain Rules Relating to International Carriage by Air opened for signature at Warsaw on ... 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 ......
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2 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......
  • Transport & Logistics News - March 2017: part 4
    • Australia
    • Mondaq Australia
    • 12 April 2017
    ...negligence, for example, proof of improper stowage". The other High Court decision referred to by Flaux J is the Bunga Seroja (1999) 1 Lloyds Rep 512 which was also a peril of the seas case, where three of the six judges were supportive of what the High Court had said in the earlier Ga......

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