QUERRY NO.1
I quote hereinbelow paragraph 53 of the Judgement & Order dated
26/7/2000 in File No.8/99(Pacific Carriers Limited ?vs- Banque
Nationale de Paris [2000] NSWSC722 (26 JULY 2000) passed by Hon?ble
Hunter J:-
?53 The state of preparation of the plaintiff on the quantum issue
may be inferred from the plaintiff's outline of topics and
propositions which had been forwarded by facsimile to the first
defendant's solicitors on the Friday prior to hearing. In that outline
there was included a section entitled "Plaintiff's summary of
damages". Under that heading the following material appeared:
"27. The plaintiff claims damages for any liability for delivery of
the goods or liability to indemnify Bolton in respect of the goods:
Cargo of dun peas US$2,102,000.00
Cargo of chick peas US$1,132,000.00
28. The plaintiff also claims damages for the following heads of damage:
Hire paid under time charter party from $
cessation of discharge to arrest on 31
March 1999.
Time charter hire payable from arrest of MV
"Nelson" until redelivery on 30 June 1999 $
Expenses incurred at Calcutta $
Demurrage charges for barges at Calcutta $
Commission to date for DBS bank guarantee
in favour of Swiss Singapore $
Legal costs incurred by PCL in the arrest
proceedings by Victor Moses & Co at
Calcutta $
Liability for Bolton's legal costs in arrest
proceedings at Calcutta $
Legal costs incurred by PCL in the arrest
of MV "Iran Selangat" in South Africa
(Adams & Adams) $
Liability to pay Bolton's legal costs of South
African proceedings $
Legal costs incurred by PCL in London
arbitration bought by Swiss Singapore to date $
Legal costs incurred by PCL in London
arbitration with NEAT $ ?
QUERRY FOR YOUR REPLY/ANSWER: I NEED TO KNOW WHAT EXACT AMOUNT (WITH
DETAIL IF ANY) HAS BEEN PROVIED FOR UNDER THE HEADING ?Demurrage
charges for barges at Calcutta $?
QUERRY NO.2
Further I quote hereinbelow paragraph 50 of the Judgement & Order
dated 24/10/2001 in File No.8/99(Pacific Carriers Limited ?vs- Banque
Nationale de Paris [2001] NSWSCN 963 (24 OCTOBER 2001) passed by
Hon?ble Hunter J:-
?50 Judgment for the plaintiff in the proceedings against the first
defendant in the sum of US$4,378,788.49, being damages in the sum of
US$4,237,207.47, together with interest thereon up to the date of
judgment in the sum of US$141,581.02, such judgment to take effect
from 24 October 2001.?
QUERRY FOR YOUR REPLY/ANSWER: Is the judgement for US$4,378,788.49
besides damages for US$4,237,207.47. In other words order is for
payment of US$8,615,995.96 apart from the interest in the sum
US$141,581.02. Where to get the exact amount of damages given under
different heads.
QUERRY NO.3
Further I quote hereinbelow paragraphs 45 and 46 of the Judgement &
Order dated 5th August 2004 (Pacific Carriers Limited ?vs- BNP Paribas
[2004] HCA 35 (5 AUGUST 2004) passed by Hon?ble CJ Gleeson, Gummow,
Hayne, Callinan and HeydonJJ:-
45. ?Pacific is entitled to succeed in its claim based on contract.
The other causes of action do not require consideration. There were
outstanding issues including calculation of damages that were not
decided by the Court of Appeal.
46.The appeal should be allowed with costs. The orders of the Court of
Appeal should be set aside. The matter should be remitted to the
Court of Appeal to deal with any outstanding issues in conformity with
the reasoning of this Court.?
QUERRY FOR YOUR REPLY/ANSWER:IF THE DAMAGES HAS BEEN GIVEN AS
MENTIONED IN QUERRY NO.2 WHAT ARE THE OUTSTANDING ISSUES INCLUDING
CALCULATION OF DAMAGES THAT WERE NOT DECIDED BY THE COURT OF APPEALS.
NOTE: I NEED TO KNOW THE INTERNET SITE FROM WHEREFROM I CAN GET THE
EXACT AMOUNT OF DEMURRAGE CHARGESFOR BARGES AT CALCUTTA $???. OR
AUTHENTIC PAPERS RELATING TO QUERRY NO.1. |
