Singapore Airlines Cargo Pte Limited v Principle International Pty Ltd [2017] NSWCA 216

Singapore Airlines Cargo Pte Limited v Principle International Pty Ltd [2017] NSWCA 216

The Court held SIA Cargo liable under Art 18(1) as the placement of the crates with nine cattle each on the lower deck during air carriage constituted an 'event' causing the loss. SIA Cargo could not rely on the Art 18(2) defence because the loss did not result from defective packing performed by a person other than itself or its agents; the loss was a result of both packing and stowage, with stowage being SIA Cargo's responsibility. The apportionment of liability by the trial judge (60/40) was incorrect; Principle bore greater responsibility for failing to inform SIA Cargo of the need to place certain crates on the upper deck, warranting an 80/20 apportionment (80% Principle, 20% SIA...

Jurisdiction
Australia
Judgment Date
30 August 2017
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed in part; cross-appeal allowed in part.
Legal Topics
["carriers' Liability" 'montreal Convention' 'defective Packing' 'apportionment of Liability' 'interest on Judgments']
['aviation Law' 'international Carriage' 'commercial Law'] ["carriers' Liability" 'montreal Convention' 'defective Packing' 'apportionment of Liability' 'interest on Judgments']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether SIA Cargo was liable under Art 18(1) of the Montreal Convention for the death of cattle during air carriage; whether the deaths resulted from defective packing for the purpose of Art 18(2); whether the trial judge erred in apportioning liability between the parties under Art 20; whether interest should be awarded on the judgment sum.']

Ratio Decidendi

The Court held SIA Cargo liable under Art 18(1) as the placement of the crates with nine cattle each on the lower deck during air carriage constituted an 'event' causing the loss. SIA Cargo could not rely on the Art 18(2) defence because the loss did not result from defective packing performed by a person other than itself or its agents; the loss was a result of both packing and stowage, with stowage being SIA Cargo's responsibility. The apportionment of liability by the trial judge (60/40) was incorrect; Principle bore greater responsibility for failing to inform SIA Cargo of the need to place certain crates on the upper deck, warranting an 80/20 apportionment (80% Principle, 20% SIA...

Court Disposition

Appeal allowed in part; cross-appeal allowed in part.

Orders

  • ['Grant leave to appeal;' 'Appeal allowed in part;' 'Grant leave to cross-appeal;' 'Cross-appeal allowed in part;' 'Set aside judgment for respondents in the sum of $43,296 and instead enter judgment for respondents from 30 September 2016 in amount of $14,432, together with interest per Civil Procedure Act 2005...