GARDNER SMITH PTY. LTD v. THE SHIP TOMOE 8 (THE “TOMOE 8”)

[1990] 2 Lloyd's Rep. 178

AUSTRALIASUPREME COURT OF NEW SOUTH WALESADMIRALTY DIVISION

Before Mr. Justice Carruthers

Admiralty practice - Jurisdiction - Charter-party (Voyage) - Clause in charter that last three cargoes to be free from styrene monomer - Plaintiffs alleged that imported cargo of deodorized palm olein and strearine contaminated by styrene monomer - Whether plaintiffs case within s. 6 of Admiralty Court Act 1861 - Whether Admiralty Court had jurisdiction to determine claim pleaded by plaintiffs - Colonial Courts of Admiralty Act, 1890 - Australia.