On 18 December 2020, the Judge in Admiralty of the Supreme Court of Victoria handed down judgment in Manassen Foods Pty Ltd v Seaway Logistics Pty Ltd.  Young’s List barristers, Matthew Harvey QC and Nicholas Wallwork, appeared for the successful plaintiff.

In this matter, the plaintiff alleged that cargo was damaged because it was carried at -10 degrees Celsius, instead of +10 degrees Celsius.  There was documentary evidence that the third party instructed the ocean carrier that the carriage temperature was -10 degrees Celsius.  The plaintiff alleged that the third party was the defendant’s agent or subcontractor.  The defendant and third party submitted that this allegation had no real prospect of success.

Digby J held that, given the plaintiff’s pleaded case and its identification of the documentary evidence to support that case, he would not grant summary judgment.

The decision is a useful reminder of the difficulty in having summary judgment granted in a proceeding, particularly where there is a substantial amount of potential documentary evidence supporting the claim.

Matthew Harvey QC and Nicholas Wallwork were instructed by SRB Legal and its town agents Cusack and Co Lawyers.

A copy of the judgment may be read here.

To brief either Matthew Harvey QC or Nicholas Wallwork, or for further information about briefing Young’s List, please call Tammy Young on +61 3 9225 6777 or after hours on +61 (0)414 523 515.