Chapman Marine Pty Ltd v Wilhelmsen Lines A/S [1999] FCA 178

FEDERAL COURT OF AUSTRALIA

Chapman Marine Pty Ltd v Wilhelmsen Lines A/S [1999] FCA 178 CONTRACT – contract for carriage of goods by sea - bill of lading to which the Carriage of Goods by Sea Act 1936 (US) applies – obligation properly and carefully to load, handle, stow, carry, keep, care for and discharge the goods – limitation provision –Carriage of Goods by Sea Act 1936 (US) s4(5) – whether package limitation applies – whether a cruiser is a "package" or "customary freight unit" - Himalaya clause – whether stevedore can rely on limitation provisions in bill of lading – whether stevedore was performing the whole or any part of the contract - undertaking by shipper not to impose any liability on anyone other than the carrier – whether claim by shipper against stevedore should be stayed – Carriage of Goods by Sea Act 1936 (US) s3(8) – deviation – whether stowage of cargo on deck was authorised – whether cruiser a "yacht" - indemnity sought by carrier from stevedore – whether stevedore negligent – whether carrier contributed to the loss Carriage of Goods by Sea Act 1936 (US) Island Yachts Inc v Federal Pacific Lakes Line [1972] 1 Lloyd's Rep. 426, considered Port Jackson Stevedoring Pty Ltd v Salmond & Spraggon (Australia) Pty Ltd (1978) 139 CLR 231, cited Sidney Cooke Ltd v Hapag-Lloyd Aktiengesellschaft [1980] 2 NSWLR 587, considered St John's N.F. Shipping Corporation & Anor v S.A. Companhia Geral Commercial do Rio de Janeiro 263 US 119, considered Wibau Maschinenfabrik Hartman SA v Mackinnon Mackenzie & Co ("The Chanda") [1989] 2 Lloyd's Rep. 494, considered Royal Exchange Shipping Company Ltd v W.J. Dixon & Co (1886) 12 App. Cas. 11, considered

CHAPMAN MARINE PTY LTD v WILHELMSEN LINES A/S & Anor NG 287 OF 1997

EMMETT J

5 MARCH 1999

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA