Plaimar Limited v Waters Trading Company Limited [1945] HCA 34

304 HIGH COURT

(HIGH COURT OF AUSTRALIA,]

PLAIMAR LIMITED . A : . 2 ae ee DEFENDANT,

AND

WATERS TRADING COMPANY LIMITED . ReEsponpEn PLAINTIFF,

ON APPEAL FROM THE SUPREME COURT OF WESTERN AUSTRALIA.

H.C. or A. Sale of Goods—Contract—C.i.f. terms—Shipment from original port—Insuraneé

1945. War risk—Net cash against delivery order or bill of lading. ag A contract for the sale of goods was in substantially the following te

(About) four tons Zanzibar clove oil packed in drums each approx. 5 ev

Sept. 11, 12. Reis it ; F ) cate Price eight shillings and a penny nett landed weight, cost insurance and fi Sypvey, Fremantle, Bank exchange Australia London to buyer's account. Shipmen Nov. 23. —per steamer during October November December 1941 from original Se Insurance W.P.A. for not exceeding the above value plus ten per cent.

and 'McTiernan JJ. ' covered and charged to buyer's account. Terms nett cash against d

order or bill of lading.

Held that the contract, in its leading terms, was a c.i.f. contract. reference to the delivery order gave the seller an option either to wait the goods had arrived and obtain a delivery order and tender that inst the bill of lading, or to tender a bill of lading with the invoice and an in policy. The reference to net landed weight meant only that there m a final adjustment as to price after the arrival of the goods and did not

the contract from being a c.if. contract.

consigned to Fremantle by a ship bound for Singapore, there to be to a ship bound for Fremantle. The ship from Zanzibar arrived at Si late in December 1941, and the goods were not afterwards heard of,

being lost because of the state of war then existing. The bill of Jadin

tained clauses exempting the shipowner from liability for loss or

2CLR] OF AUSTRALIA.

only, the carriage of the goods after transhipment being governed by the terms of the bill of lading of the on-carrying ship.