The High Court held that the first and second defendants breached bailment duties by selling 13 of the plaintiff’s cars without consent; the third defendant was not liable.
The High Court held that a vessel repairer owed a tort duty of care to the owner, but found no breach proved, no bailment duty, and dismissed the claim.
High Court decision on fire damage to a transported PVD machine, holding the defendant negligent and awarding damages after rejecting incorporation of its standard terms.
The High Court found no negligence in a towing-fire claim and held that exclusion clauses on work orders were not incorporated into the verbal contract.
High Court held that the respondents had arguable defences to claims over bunker deliveries made without production of Vopak bills of lading, so leave to defend was upheld.
Bills of lading as documents of title
Construction and interpretation of bills of lading
Appeal allowed. The Court of Appeal held that a fresh contract arose from correspondence and forbearance, making the writ timely and awarding the appellant $270,725.
The Court of Appeal upheld a finding that a courier shipment was hijacked and held that a bailee need not always prove the precise cause of loss if reasonable care was shown.
The High Court held that a hijacking of courier cargo was beyond the carrier’s control and that FedEx M had used reasonable security measures, so the claim failed.
The High Court held that a sub-bailee breached its duty of care by leaving valuable cargo unattended outside a closed warehouse, making it liable for the theft.