Austal Ships Sales Pty Ltd v Stena Rederi Aktiebloag

REASONS FOR JUDGMENT 1 This is an application for leave to appeal a decision of Tamberlin J made on a separate issue ordered to be tried under O 29 r 2. 2 The notice of motion which was filed by the respondents to the original application (who seek leave to appeal) claimed only leave to appeal from the judgment his Honour gave on 21 June 2007: Stena Rederi Aktiebloag v Austal Ships Sales Pty Ltd [2007] FCA 864. However, the notice of motion in its original form could not have been granted because all that his Honour did in that judgment was to order the applicant to file draft short minutes of orders in respect of the precise form of orders, costs and directions for future conduct of the proceedings which gave effect to his reasons for judgment. Questions of damages and quantum had been ordered to be tried after the decision on liability. However, on 20 July 2007 his Honour made orders reflecting the conclusions at which he had arrived in his reasons. 3 It seems to me that the appropriate order is that I treat the notice of motion as having been amended so as to seek leave to appeal against the orders made by his Honour on 20 July 2007. 4 In support of the motion for leave to appeal the solicitor for the applicants for leave (who were the respondents below) noted that by letter from the applicant's solicitors to the respondents' solicitors dated 10 July 2007 the applicant had advised that it did not intend to oppose the grant of leave to appeal. In those circumstances, his Honour having made orders that substantially disposed of the liability issues, including dismissing the cross-claim of the respondents, I am persuaded that substantial savings of time and costs would be potentially occasioned if leave to appeal were granted and an appeal succeeded. The parties had already chosen to ventilate their dispute in this bifurcated way and both sets of parties seem content for the matter to be dealt with again in this way by permitting an appeal on liability to go forward as an efficient means of conducting this litigation. 5 I am of opinion in those circumstances that I should make orders granting leave to appeal. I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Rares.