In the Australian case of Offshore Marine Services Alliance Pty Ltd v Leighton Contractors Pty Ltd and Another – Federal Ct of Australia (McKerracher J) [2017] FCA 333 – 30 March 2017, the concept of General Average Contribution came out clearly.
In this case the cargo was supplied by cargo contractors to the barge and the tow to complete the journey. However the cargo contractors had sold the cargo to the new buyers but some interests still remained in the cargo while the barge and the tug were completing its journey. However, during the voyage, the barge was grounded and general average was declared.
See attached file: ALCO20170015 General Average – A Legal Minefield.pdf
共同海损 – 法律雷区
澳大利亚案例Offshore Marine Services Alliance Pty Ltd v Leighton Contractors Pty Ltd and Another – Federal Ct of Australia (McKerracher J) [2017] FCA 333 – 30 March 2017清晰呈现了共同海损分摊的概念。
本案中，原货主租入驳船和拖轮运货。然而，在驳船和拖轮履行航次时，原货主将货卖给了新买方，但在某些情况下原货主对货物仍负有责任。航次中，驳船搁浅并宣布共同海损。
详细信息请参阅附件。
