9 May 1997
CHINA OCEAN SHIPPING CO. and Another v. PARADRAGON LTD. and Another
- Citation
- CHINA OCEAN SHIPPING CO. and Another v. PARADRAGON LTD. and Another
- Court
- Court of First Instance
- Case number
- HCAJ266/1989
The fire originated from self-contained combustion within the shippers' container caused by negligent stuffing of oxidising material; the smoke detector, while capable when switched on, was not continuously operated but even an earlier alarm would not have materially altered the course of a self-sustaining reaction; accordingly the Hague-Visby fire exception applied to the carrier, absolving the ship owners, and liability for damage lies with the shippers who were grossly negligent.