WATERS TRADING COMPANY, LTD. v. DALGETY & CO., LTD.*

[1951] 2 Lloyd's Rep. 385

AUSTRALIA.SUPREME COURT OFNEW SOUTH WALES.

Before Chief Justice Street, Mr. Justice Owen and Mr. Justice Herron.

Bill of lading - Damage to cargo after discharge by stevedores - Liability of stevedores to consignees - Conditions protecting "carrier," which included "the master and the agents of the carrier" - Shipment of goods (coir yarn) in Dutch motor vessel from India to Australia-Incorporation of Hague Rules-Goods to be delivered to consignees on presentation of bill of lading or delivery order-Contract entered into between shipowners and defendants (stevedores) whereby defendants agreed to do the work of discharging, stacking and storing of cargo-Cargo damaged by rainwater after discharge but before delivery to plaintiffs (consignees) - Claim in tort brought against stevedores -Provisions in bill of lading: Period of responsibility. The responsibility of the carrier shall commence only when the tackle of the carrier's ship is hooked onto the cargo for loading and cease absolutely when such tackle is unhooked in the process of discharging. Goods in the custody of the carrier or his servants before loading and after discharge whether being forwarded to or from the ship or whether awaiting shipment, landed, or stored, or put into hulk or craft belonging to the carrier or not, or pending transhipment at any stage of the whole transport, are in such custody at the sole risk of the shipper and the carrier shall not be liable for loss or damage arising or resulting from any cause whatsoever.

Whether defendants entitled to benefit of protection or immunity afforded by bill of lading to shipowners or their agents; and, if so, whether provisions of bill of lading afforded defendants a valid defence to plaintiffs' claim-Case stated by Commercial Court Judge for opinion of full Court.