Ace Imports Pty. Ltd. v. Companhia de Navegacao Lloyd Brasileiro (The Esmeralda 1) - Supreme Ct. of New South Wales - (Yeldham J.) - 12 August 1987

Bill of lading - Whether carrier estopped from denying receipt for carriage of number of cartons stated to be within container

A consignment of cartons of cutlery, posters and leaflets were shipped on board the vessel Esmeralda 1 from Rio Grande in Brazil to Sydney. The plaintiff cargo owner claimed damages from the carrier for lost goods due to pilferage. The carrier argued that such pilferage occurred prior to the sealing of the container at the port of loading and occurred, therefore, prior to its period of responsibility. The plaintiff contended that the carrier was estopped from denying that it had received for carriage the number of cartons stated to be contained within the container.