Wilson v Darling Island Stevedoring and Lighterage Co Ltd [1956] HCA 8

Not Foll A f Cons Refd a # Y 28 SPE ne Sensanton, Refi to News Lidv Aone CCH ical General v 1996] 2 1999} 3 VR

Insurance ¥ ance Co urritomo i cob?" ui

EY ALR 508 165 CLR 107 Fe) FER 410 _ 95 C.L.R.] OF AUSTRALIA.

{HIGH COURT OF AUSTRALIA.]

WILSON . ! F : ; 5 ; APPELLANT ;

PLAINTIFF, AND

DARLING ISLAND STEVEDORING AND\ po pave LIGHTERAGE COMPANY LIMITED. i y

DEFENDANT,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

Contract—Shipping—N egligence—Goods—Carriage by sea—Unloading by stevedore H.C. or A.

—Goods discharged from vessel and stored in shed at berth—Non-delivery to

955-1956.

consignee—Negligence of stevedore—Goods rendered worthless—Damages— a

Bill of lading—Protection or immunity to carrier—Entitlement of stevedore— 1955,

Carriage of Goods by Sea Act 1924 (Imp.). SYDNEY, A case of tulle soie and tulle rayonne was shipped to the plaintiff by a con- ees 12,

signor in London by motor vessel to be carried from Marseilles to Sydney under patch

a bill of lading signed on behalf of the master of the ship. Clause 1 of the bill 1956,

of lading provided that " the carrier " (the owner of the ship) " has no responsi- MELBOURNE,

bility whatsoever for the goods . . . subsequent to the discharge from the Feb. 29. vessel. Goods in the custody of the Carrier or his Agents or servants before Dison 0.5; loading and after discharge whether being forwarded to or from the vessel or ye, whether awaiting shipment, landed, or stored . . . are in such custody at the iio and

sole risk of the owners of the goods and the Carrier shall not be liable for loss or damage arising or resulting from any cause whatsoever". Soon after the vessel's arrival at Sydney the case was discharged from the vessel by the defendant, a stevedoring company, engaged by the agent of the vessel's owners, and, in accordance with local practice, the defendant thereafter proceeded to sort, stack and store the said case in a shed on a wharf. While doing so and before delivery of the case to the plaintiff negligence on the part of the defendant's servants and agents caused the contents of the case to be damaged by water.