Leisure Freight and Import case

PRESS RELEASE

FOR IMMEDIATE RELEASE

Amsterdam, May 16, 2013 – UPDATED FACT ABOUT “Leisure Freight and Import “case.

In the Court Case Spliethoff Transport BV v Leisure Freight and Import Pty Ltd [2013] FCCA 27, the Federal Circuit Court of Australia awarded Spliethoff Transport B.V. with damages in respect of Leisure Freight cancellation of one contract of carriage and Leisure Freight was forced to abandon its cross-claim for alleged damages. Surprisingly the Court somewhat arbitrarily found an implied contractual period of one month for the Carrier to ship yachts and dismissed other two deadfreight counts claimed by the Carrier in the same proceeding despite of the fact that Leisure Freight failed to provide supportive evidence to the Court for their allegation that time was of the essence of the contract.

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