Bridge Shipping Pty Ltd v Grand Shipping SA [1991] HCA 45

High Court of Australia Brennan, Deane, Dawson, Toohey and McHugh JJ. Bridge Shipping Pty Ltd v Grand Shipping SA [1991] HCA 45

ORDER Appeal dismissed with costs.

Cur. adv. vult.

The following written judgments were delivered:—

Dec. 3 Brennan J.

I agree with the reasons for judgment of McHugh J. and I would dismiss the appeal.

Deane J.

I agree with the judgment of McHugh J.

Dawson J.

This is an appeal against a decision of the Full Court of the Supreme Court of Victoria holding that the appellant, Bridge Shipping Pty. Ltd. ("Bridge Shipping"), was rightly refused leave to amend the proceedings by substituting for the name of an existing third party, Grand Shipping S.A. ("Grand Shipping"), the name of another company, Rainbow Line S.A. ("Rainbow Line").

Bridge Shipping was engaged by Philip Morris Ltd. to arrange for the shipment of thirty-two containers of tobacco from Rio Grande in Brazil to Melbourne. Bridge Shipping made the arrangement through another company and was unaware of the carrier's identity. Bills of lading in respect of the containers were issued on behalf of the master of the ship in which they were to be carried, namely, the " Green Sand ". The bills of lading, which incorporated the Hague Rules, did not reveal the identity of the carrier. Rule 6 of Art. III of the Hague Rules provides that the carrier and the ship shall be discharged from all liability in respect of loss or damage unless suit is brought within one year after delivery of the goods or the date when the goods should have been delivered.

The " Green Sand " arrived in Melbourne and was unloaded between 21 July and 23 August 1986. It was discovered that a number of the containers were missing and the contents of others were damaged. On 8 January 1987, Philip Morris Ltd. commenced an action for damages against Bridge Shipping. Since the identity of the carrier was unknown to Bridge Shipping, its solicitor searched Lloyd's Register and found that Grand Shipping was registered as the owner of the " Green Sand ". Upon the assumption that the owner was the carrier, Grand Shipping was joined by Bridge Shipping as a third party in the action.