Siemens v Schenker [2001] NSWSC 658

Siemens v Schenker [2001] NSWSC 658

The loss occurred outside the airport boundary, so the Warsaw Convention and its liability limitation did not apply. The air waybill's limitation clause similarly did not extend to the post-airport road transport segment. At common law, damages included the value of both pallets as the system was rendered worthless as a whole.

Jurisdiction
Australia
Judgment Date
06 August 2001
Procedural Posture
Civil / Trial Judgment
Outcome
Plaintiff entitled to judgment for full amount of loss. Defendants to pay plaintiff's costs.
Legal Topics
['carriage by Air' 'cargo Loss' 'warsaw Convention' 'liability Limitation' 'breach of Contract' 'negligence' 'breach of Bailment' 'damages']
['aviation Law' 'contract Law' 'torts' 'bailment'] ['carriage by Air' 'cargo Loss' 'warsaw Convention' 'liability Limitation' 'breach of Contract' 'negligence' 'breach of Bailment' 'damages']

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

Civil / Trial Judgment

Legal Issues

  1. 1 ['Whether loss of cargo between Melbourne airport and warehouse was governed by the Warsaw Convention and its liability limitation' 'Whether contractual limitation of liability in the air waybill applied to the road carriage segment' 'Extent of damages owed for loss of equipment spread over two pallets; whether both pallet contents were lost']

Ratio Decidendi

The loss occurred outside the airport boundary, so the Warsaw Convention and its liability limitation did not apply. The air waybill's limitation clause similarly did not extend to the post-airport road transport segment. At common law, damages included the value of both pallets as the system was rendered worthless as a whole.

Court Disposition

Plaintiff entitled to judgment for full amount of loss. Defendants to pay plaintiff's costs.

Orders

  • ['Judgment for the plaintiff for the value of the equipment (DM1,727,905.80) less salvage (DM128,022.00), plus $1,275 (AUD) for survey fees, plus interest to be determined.' "Defendants to pay plaintiff's costs."]