Tyler is now consulting you as a Legal & Compliance Manager of the company. Advise Tyler as to…
Tyler is now consulting you as a Legal & Compliance Manager of the company. Advise Tyler as to the legal consequence of the early re-delivery of the ship with relevant authorities in support to justify your answer. [Require Word Count 1200 Words) Question 2 Discuss, with relevant legislation and authorities in support, the criteria the courts in Australia are likely to adopt in considering whether to exercise their jurisdiction in each of these instances: a) On 20 December 2019, Andy Trading Company (“Andy”), a large toy trading company in the People’s Republic of China, entered into a voyage charter party with Wilson Shipping Pty Ltd (“Wilson”), a ship-owning company based in Sydney, for the ship M/V Long Black to carry toys from the People’s Republic of China to Bahrain. Clause 2 of the voyage charter party provided: “Demurrage to be paid at the rate of AU$460 per day” while Clause 10 provided: “This charter party shall be governed by the Australian law. Any dispute arising out of or in connection with this charter party shall be submitted to the exclusive jurisdiction of the High Court of England and Wales”. When the voyage completed, there was a dispute as to the demurrage calculation between Andy and Wilson. Wilson decided to sue Andy before the Federal Court of Australia.(Require Word Count 300)
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