Ixom Operations Pty Ltd v Blue One Shipping SA (The CS Onsan) [2023] FCAFC 25 – 7 March 2023 (Rares J, Derrington J and Stewart J)

To preserve the Hague-Visby Rules’ 1-year time bar, cargo Buyers obtained a time extension from Shipowners alone before pursuing claims against them – and Disponent Owners – for cargo contamination. Buyers pleaded that both Shipowners and Disponent Owners were estopped from denying that they were parties to the b/l because of the misrepresentation contained in the email granting the extension. The Full Court confirmed the first instance judgment that no claim could be made against Disponent Owners because of the time bar and against Shipowners because they were no party to the contract of carriage. No estoppel could be found because any representation should be clear and unambiguous, the subjective understanding of misrepresentee being irrelevant.