Trafigura Beheer BV v Golden Stavraetos Maritime Inc

Trafigura Beheer BV v Golden Stavraetos Maritime Inc

Delivery of the cargo at Agioi Theodori was delivery within the meaning of Article III Rule 6 of the Hague Visby Rules, as it was not under an entirely separate and distinct transaction but rather a variation of the original contract. Therefore, suit brought within one year of that delivery was timely and the owners are not discharged from liability.

Parties
Claimant/appellant: Trafigura Beheer BV; Defendant/respondent: Golden Stavraetos Maritime Inc
Jurisdiction
England and Wales
Judgment Date
15 May 2003
Procedural Posture
Civil Appeal / Appeal From Summary Judgment
Outcome
Appeal allowed
Legal Topics
Carriage of Goods by Sea, Limitation of Actions, Interpretation of Hague Visby Rules
Commercial Law Shipping Law Carriage of Goods by Sea Limitation of Actions Interpretation of Hague Visby Rules

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Parties

Trafigura Beheer BV

Claimant/appellant

Golden Stavraetos Maritime Inc

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether delivery at Agioi Theodori constituted 'delivery' under Article III Rule 6 of the Hague Visby Rules for limitation purposes
  2. 2 Whether suit was brought within one year of delivery as required by Article III Rule 6

Ratio Decidendi

Delivery of the cargo at Agioi Theodori was delivery within the meaning of Article III Rule 6 of the Hague Visby Rules, as it was not under an entirely separate and distinct transaction but rather a variation of the original contract. Therefore, suit brought within one year of that delivery was timely and the owners are not discharged from liability.

Court Disposition

Appeal allowed

Orders

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