El Greco (Aust) Pty Ltd v Mediterranean Shipping Company Sa

JurisdictionAustralia Federal only
CourtFull Federal Court (Australia)
Judgment Date2004
Neutral Citation[2004] FCAFC 202
Date2004
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11 cases
  • AP Moller-maersk A/S Trading as Maersk Line v Kyokuyo Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 17 April 2018
    ...packed into the container?” 31 He noted that the majority of the Federal Court of Australia in El Greco v Mediterranean Shipping [2004] 2 Lloyd's Rep 537 (hereafter “ El Greco”) thought the latter was the correct 32 At [94(iii)] the judge referred to the observation made by Diplock LJ (cha......
  • JI MacWilliam Company Inc. v Mediterranean Shipping Company Sa (the Rafaela S)
    • United Kingdom
    • House of Lords
    • 16 February 2005
    ...in its appearance and printed text, was annexed by the Federal Court of Australia to its judgments in El Greco (Australia) Pty Limited v Mediterranean Shipping Co SA [2004] FCAFC 202, [2004] 2 Lloyd's Rep 537, 593. Perusal of the form issued by the carrier in the present case prompts a nu......
  • Sea Tank Shipping as (formerly known as Tank Invest as) v Vinnlustodin HF and another; The Aqasia
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 22 February 2018
    ...were examined and analysed in great detail by Allsop J (now the Federal Chief Justice) in the Federal Court of Australia in El Greco v Mediterranean Shipping [2004] 2 Lloyd's Rep 537, particularly at [169]–[193]. Like the judge, I agree with the conclusions he reached. I see no reason to s......
  • Minister for Immigration and Multicultural and Indigenous Affairs v Qaah of 2004
    • Australia
    • High Court
    • 15 November 2006
    ...[95] per Madgwick J; cf Morrison v Peacock (2002) 210 CLR 274 at 279 [16]; El Greco (Australia) Pty Ltd v Mediterranean Shipping Co SA (2004) 140 FCR 296 at 326–327 68QAAH (2005) 145 FCR 363 at 388 [95] per Madgwick J; cf Somaghi v Minister for Immigration, Local Government and Ethnic Affai......
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3 firm's commentaries
  • Package limitation of container cargo reconsidered
    • Australia
    • Mondaq Australia
    • 5 July 2017
    ...of the 2004 decision of the Full Court of the Federal Court of Australia in El Greco (Australia) Pty Ltd v Mediterranean Shipping Co SA [2004] FCAFC 202. SEA WAYBILLS ISSUED FOR CONTAINERS LOADED WITH FROZEN TUNA, INCLUDING REPLACEMENT CONTAINER, FOLLOWING The claimant, Kyokuyo, was the rec......
  • English and Australian courts diverge on Hague-Visby package limitation
    • Australia
    • Mondaq Australia
    • 7 June 2018
    ...Justice Flaux involves a critical examination of the Australian Federal Court decision in El Greco v Mediterranean Shipping Company [2004] 2 Lloyd's Rep 537. In June 2017, we reported on the first instance decision in Kyokuyo Co Ltd v A P Møller-Maersk A/S [2017] EWHC 654 (Comm) in our arti......
  • Transport & Logistics News - March 2017: part 3
    • Australia
    • Mondaq Australia
    • 12 April 2017
    ...J (as he then was) in the Federal Court of Australia in the case of El Greco (Australia) Pty Ltd v Mediterranean Shipping Co SA (2004) 2 Lloyds Rep 537. Kairos Shipping Limited and Anor v Enka AA and Co LLC & Ors (The "Atlantik Confidence") [2016] 2 Lloyds Rep 525 This case co......
1 books & journal articles
  • A PIECE – NEITHER A PACKAGE NOR A UNIT:
    • United Kingdom
    • The Modern Law Review Nbr. 68-1, January 2005
    • 1 January 2005
    ...in the FullnReader in Law,Centre for Maritime Law,T C Beirne School of Law,University of Queensland, Associ-ate, QuadrantChambers.1 [2004] FCAFC 202,10 August 2004.2 All sop J,with whom Black CJ agreed.3 Incorporated intoAustralian law in a ‘modi¢ed’form pursuant tothe Carriage of Goods by ......

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