Pacific Composites Pty Ltd & Anor v Transpac Container System Ltd (carrying on business as Blue Anchor Line) & Ors [1998] FCA 496

FEDERAL COURT OF AUSTRALIA ADMIRALTY - claim for damage to cargo - FOB sale - payment under irrevocable letter of credit - whether breach of contract of carriage - non-refrigeration of consignment - whether contract and carriage required a refrigeration clean negotiable Bill of Lading - construction of Bill of Lading - effect of attachment station goods are refrigerated for shipment - whether respondent was the "carrier" - whether plaintiff had title to bring proceedings - passing of property and risk in the cargo - nexus between the breach of contract and the damage claimed - whether fault of other parties involved in transaction breaks the causal link between the plaintiff and the defendant - assessment of quantum of damages - whether Hague Rules apply in the present situation - meaning of "package". Mercantile Act 1867 (Qld) s 5(3) Carriage of Goods by Sea Act (Cth) 1991, s 11, The Amended Hague Rules, Articles 3 & 4 March v E & M Stramare Pty Ltd (1991) 171 CLR 506, applied Chellaram & Co v China Ocean Shipping Co [1989] 1 Lloyd's Rep 443, distinguished Hunter Grain Pty Limited v Hyundai Merchant Marine Co Ltd (1993) 119 ALR 507, followed Evans v James Webster & BrotherLtd (1928) 32 Ll LR 218, followed PACIFIC COMPOSITES PTY LTD & LEMARNE CORPORATION LIMITED - v - TRANSPAC CONTAINER SYSTEM LIMITED (carrying on business as BLUE ANCHOR LINE), ANL LIMITED & UNITED ARAB SHIPPING COMPANY (SAG) NG 377 OF 1996 TAMBERLIN J SYDNEY 11 MAY 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 377 of 1996

in admiralty

BETWEEN: PACIFIC COMPOSITES PTY LTD

(ACN 005 952 698)

First PLAINTIFF

LEMARNE CORPORATION LIMITED

Second PLAINTIFF

AND: TRANSPAC CONTAINER SYSTEM LIMITED

carrying on business as BLUE ANCHOR LINE