GILBERT STOKES & KERR PROPRIETARY, LTD. v. DALGETY & CO., LTD.*

(1947) 81 Ll L Rep 337

AUSTRALIA.SUPREME COURT OF NEW SOUTHWALES.

Before Mr. Justice Owen.

Bill of lading-Damage to cargo during unloading - Negligence of stevedores - Liability-Limitation of value clause- Cargo shipped under bill of lading incorporating Carriage of Goods by Sea Act, 1924-Defendant stevedores, independent contractors, employed by shipowners to discharge ship-Plaintiffs' cargo damaged during discharge owing to negligence of stevedores - Claim in tort brought by cargo-owners against stevedores-Right of stevedores to invoke clause in bill of lading (corresponding with Art. IV r. 5, of Schedule to Act of 1924) limiting liability of carrier for loss or damage to goods from any cause to a maximum amount of £100 per package, unless an increased value should have been declared before shipment.