FOY & GIBSON PROPRIETARY, LTD. v. HOLYMAN & SONS PROPRIETARY, LTD.

(1945) 79 Ll.L.Rep. 339

AUSTRALIA.COURT OF APPEAL.

Before Chief Justice Latham, Mr. Justice Rich, Mr. Justice Starke, Mr. Justice Dixon, Mr. Justice McTiernan and Mr. Justice Williams.

Australian Sea-Carriage of Goods Act, 1924- Limitation of liability - Agreement between shippers and shipowners as to maximum value of each package-Repugnancy -Shipment of goods in cartons under bill of lading providing:- 14 (a) It is mutually agreed that the value of each package or parcel receipted for as above does not exceed the sum of £5 (unless otherwise stated herein) on which basis the rate of freight is adjusted. (b) The [carrier] is not accountable . . . beyond such mutually agreed value . . . unless the same shall have been booked with a declaration of the true character and value thereof and the bill of lading signed in accordance therewith, and extra freight paid prior to receipt thereof for shipment, and then not beyond such declared value and subject to all other terms and conditions of this contract . . .

Non-delivery of carton-No declaration of value or extra freight paid-Claim by shippers for real value (£57)-Whether shipowners entitled to limit their liability to £5-Australian Sea-Carriage of Goods Act, 1924, Sects. 4, 6, Schedule, Arts. III (8), IV (5).