Port Jackson Stevedoring Pty. Ltd. v. Salmond and Spraggon (Australia) Pty. Ltd. - Lords Wilberforce, Diplock, Fraser of Tullybelton, Scarman and Roskill - Privy Council - July 10, 1980

Whether stevedores could rely on Himalaya clause

This was an appeal from a decision of the High Court of Australia ( [1979] 1 Lloyd’s Rep. 298). The action had been brought by the respondent consignees in respect of cargo shipped on the New York Star . In accordance with the normal practice in the port (Sydney) the cargo was discharged from the ship and placed by the stevedore in part of a shed on the wharf which was under its control. The goods were stolen from the wharf, having been delivered by servants of the stevedore to persons who had no right to receive them so that when the consignee presented the bill of lading they were unavailable. The action was brought inter alia against the stevedore, alleging negligence, delivery to unauthorized persons and non-delivery to the consignee. The High Court of Australia gave judgment for the consignees.