Carlos Soto Sau and Another v AP Moller-Maersk AS (The “SFL Hawk”) – QBD (Comm Ct) (Eder J) – 2 March 2015

Carriage of goods by sea – Sale of goods (cfr) – Cargo of frozen swordfish rejected as unfit for human consumption – Bill of lading holder claiming damages against carrier for breach of contract of carriage – Title to sue – Whether property passed to claimant on transfer of bill of lading – Whether claimant entitled to rely on “buyer in possession” exception to nemo dat quod non habet rule – Whether carrier’s breach caused claimants’ loss

On 24 October 2012 PT Awindo International (PT Awindo) agreed to sell a cargo of frozen swordfish to Fishco BVBA (Fishco) cfr Vigo at a price of US$112,250 with payment by letter of credit 45 days after the bill of lading date.