Control Chemicals v Safbank Line Ltd and Ors (The ‘Recife’) - Supreme Ct of Appeal (Nienaber, Schultz, Scott, Zulman and Streicher JJA) - 28 March 2000

Explosion in container on deck during voyage - Various theories as to cause - Judge finding that something extraordinary and unknown must have happened - Judge rejecting shippers’ theories and concluding that explosion caused by defective state of contents of container or their improper stowage - Whether shippers liable

The appellant shippers had shipped a container of 1005 boxes containing tablets of calcium hypochlorite (used as water purifiers, particularly in swimming pools). Dry calcium hypochlorite with a content of more than 39% available chlorine was listed in the International Dangerous Goods Code within ‘Class 5.1 - Oxidising substances’. That had been brought to the notice of the carrier (who was the voyage sub-charterer) prior to commencement of the voyage. During the course of the voyage there was an explosion, followed by a fire in the shippers’ container which had been stowed on deck. As a result of the explosion and fire, several of the containers stowed nearby were damaged as were their contents. The vessel was also damaged. The carrier, as well as the shipowners and time-charterers brought proceedings against the shippers. They relied on article IV rule 6 of the Hague-Visby Rules, which read: