Strong Wise Ltd v Esso Australia Resources PTY Ltd (The "APL Sydney")
Jurisdiction | Australia Federal only |
Judgment Date | 2010 |
Neutral Citation | 2010-0318 FCA B |
Date | 2010 |
Year | 2010 |
Court | Federal Court |
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5 cases
- Ackers (as Joint Foreign Representative) v Saad Investments Company Ltd (in Official Liquidation) (A Company Registered in the Cayman Islands)
- Strong Wise Ltd v Esso Australia Resources Pty Ltd (No 2)
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Tuggeranong Town Centre Pty Ltd(Plaintiff and Cross Defendant) v Brenda Hungerford Pty Ltd (Defendant and Counter Claimant)
...[2007] TASSC 8 ; (2007) ANZ ConvR 254 Stoddart v Union Trust Ltd [1912] 1 KB 181 Strong Wise Ltd v Esso Australia Resources Pty Ltd [2010] FCA 240 ; 185 FCR 149 Take Harvet Ltd v Liu [1993] 2 All ER 459 Tattock v Harris (1789) 3 TR 174 at 180; 100 ER 517 Tefbao Pty Ltd v Stannic Secur......
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MSC Mediterranean Shipping Company S.A. v Stolt Tank Containers B.v
...APL Sydney incident, so that the Convention called for two limitation funds and two distinct sets of claims ( Strong Wise Ltd v Esso Australia Resources Pty Ltd, The “APL Sydney” [2010] FCA 240, [2010] 2 Lloyd's Rep 555). If the claims considered by Finkelstein J were good claims, that me......
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4 firm's commentaries
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The Best of the Decade – Canadian Patent Law in the 2010s
...of a product manufactured abroad by another person using the patented process. The Saccharin doctrine may apply even apply if “material...
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Shipping in Australia 2020
...would probably result. The limit has not been broken in Australia. However, in Strong Wise Limited v Esso Australia Resources Pty Ltd [2010] FCA 240, the court ordered that two limitation funds be constituted for claims arising from the navigation of one vessel over the course of one Passen......
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Trade and Transport Bulletin: More on Limitation of Liability
...the Convention. His Honour has now handed down an 81 page judgment in the case of Strong Wise Limited v Esso Australia Resources Pty Ltd [2010] FCA 240. The issue before Justice Rares was whether for the purpose of the Convention, the owners of the 'APL Sydney' could limit liability on the ......
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Pipelines - Insurance & Legal Aspects In Cases Of Damage
...for Maritime Claims 1976 ("the Convention"). The case of Strong Wise Limited v Esso Australia Resources Pty Ltd (The "Apl Sydney") [2010] FCA 240, contains some useful guidance from the Federal Court of Australia. In this case the vessel dragged anchor during a gale, between 1544 and 1545 t......
2 books & journal articles
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An International Convention on Offshore Hydrocarbon Leaks?
...will establish P&I arrangements to cover these risks. 41 Strong Wise Limited v Esso Australia Resources Pty Limited ( APL Sydney) (2010) 185 FCR 149; [2010] 2 Lloyd’s Rep 555. 42 International Convention for Unification of Certain Rules relating to Limitation of Liability of Owners of Seago......
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Of reefs and men: When the best laid plans go awry, have we an acceptable way forward?
...the Need to Reconvene (2010) 35 Tulane Maritime Law Journal 293, 315. 47Strongwise Ltd v Esso Australia Resources Ltd (the APL Sydney) [2010] FCA 240, (2010) 185 FCR 149. 48Ibid [361]. 49Ibid [78] - [79]. For the reasons for judgment for the final order constituting the two limitation funds......