Trafigura Beheer BV v Golden Stavraetos Maritime Inc [2003] EWCA Civ 664 (15 May 2003)

Trafigura Beheer BV v Golden Stavraetos Maritime Inc [2003] EWCA Civ 664 (15 May 2003)

Delivery at Agioi Theodori was delivery under the contract of carriage as varied, not under an entirely separate and distinct transaction; therefore, suit brought within one year of that delivery was timely under Article III Rule 6 of the Hague Visby Rules.

Source-derived case information.

Citation
[2003] EWCA Civ 664
Parties
Claimant/appellant: Trafigura Beheer BV; Defendant/respondent: Golden Stavraetos Maritime Inc
Jurisdiction
England and Wales
Judgment Date
15 May 2003
Procedural Posture
Appeal From Summary Judgment (commercial Court, Queen's Bench Division) / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Carriage of Goods by Sea, Hague Visby Rules, Limitation of Actions, Contract Variation
Shipping Law Commercial Law Carriage of Goods by Sea Hague Visby Rules Limitation of Actions Contract Variation

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Parties

Trafigura Beheer BV

Claimant/appellant

Golden Stavraetos Maritime Inc

Defendant/respondent

Procedural Posture

Appeal From Summary Judgment (commercial Court, Queen's Bench Division) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether delivery at Agioi Theodori constituted 'delivery' under Article III Rule 6 of the Hague Visby Rules
  2. 2 Whether suit was brought within one year of delivery or the date when goods should have been delivered

Ratio Decidendi

Delivery at Agioi Theodori was delivery under the contract of carriage as varied, not under an entirely separate and distinct transaction; therefore, suit brought within one year of that delivery was timely under Article III Rule 6 of the Hague Visby Rules.

Court Disposition

Appeal allowed

Orders

  • Declaration that suit was brought within one year of delivery of the goods at Agioi Theodori
  • Owners are not discharged from liability by reason of Article III Rule 6 of the Hague Visby Rules