References: [2004] FCAFC 202, [2004] 2 Lloyd’s Rep 537
Links: Austilii
Coram: Black, Beaumont, Allsop JJ
(Federal Court of Australia) ADMIRALTY AND MARITIME LAW – carriage of goods by sea – Hague-Visby Rules – Australian COGSA Art 3 Rules 3, 4 and 8 – method for assessing value of cargo – where no ‘commodity exchange price’ or ‘current market price’ – where ‘normal value’ of goods at destination not determined. ADMIRALTY AND MARITIME LAW – limitation of liability – bill of lading – how to treat posters and prints enumerated as ‘pieces’ – whether an enumeration of packages or units – whether contractual limitation applies. STATUTORY INTERPRETATION – construction of Carriage of Goods by Sea Act 1991 (Cth), Art 4 Rule 5(c) – meaning of ‘enumeration of packages or units’ – meaning of ‘as packed’.
This case is cited by:
- Cited – J I MacWilliam Company Inc -v- Mediterranean Shipping Company SA; The ‘Rafaela S’ HL (Times 21-Feb-05, House of Lords, Bailii, [2005] UKHL 11, [2005] 2 All ER 86)
A US company bought a printing machine and ancillary equipment on CIF terms from an English company. The sellers consigned the goods to the buyers. The carriers were a container liner operator and the demise charterers of the vessels ‘Rosemary’ and . .