Carmichael Rail Network Pty Ltd v BBC Chartering Carriers GmbH & Co KG

HIGH COURT OF AUSTRALIAGAGELER CJ,GORDON, STEWARD, GLEESON AND JAGOT JJCARMICHAEL RAIL NETWORK PTY LTDAS TRUSTEE FOR THE CARMICHAEL RAIL NETWORK TRUST  APPELLANTANDBBC CHARTERING CARRIERS GMBH & CO KG& ANOR  RESPONDENTSCarmichael Rail Network Pty Ltd v BBC Chartering Carriers GmbH & Co KG[2024] HCA 4Date of Hearing: 17 October 2023Date of Judgment: 14 February 2024B32/2023ORDER1.Appeal dismissed. 2.The appellant pay the respondents' costs of the appeal.On appeal from the Federal Court of AustraliaRepresentationE G H Cox SC with D J Reynolds for the appellant (instructed by Mills Oakley)G J Nell SC with J K Kennedy for the first respondent (instructed by Aus Ship Lawyers)J A Hogan-Doran SC for the second respondent (instructed by HWL Ebsworth Lawyers)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSCarmichael Rail Network Pty Ltd v BBC Chartering Carriers GmbH & Co KGStatutes – Construction – Where Sch 1A of Carriage of Goods by Sea Act 1991 (Cth) contained amended Hague-Visby Rules (the "Australian Hague Rules") – Where Art 3(8) of Australian Hague Rules provided that any clause in contract for carriage of goods by sea relieving or lessening carrier's liability for loss or damage to goods otherwise than as provided for in Australian Hague Rules shall be void – Where arbitration clause in bill of lading provided for resolution of disputes between carrier and shipper by arbitration in London under English law – Where arbitration commenced – Where shipper commenced proceedings in Federal Court of...