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Lloyd's Maritime and Commercial Law Quarterly

QANTAS AIRWAYS LTD. V. S.S. PHARMACEUTICAL CO. LTD.

It may be recalled that the subject of the claim in Qantas Airways Ltd. v. S.S. Pharmaceutical Co. Ltd. was five cartons of pharmaceutical products which were to be carried by air from Melbourne to Tokyo via Sydney, where they were transhipped from one aircraft to another. During this time they were damaged as a result of their exposure to rain and wind as they were left in an unprotected position on the tarmac during a severe thunderstorm. The goods arrived in Tokyo in a damaged and unsaleable condition. The carrier did not deny liability but rather invoked the limitation of liability provisions contained in Art. 22 of the Warsaw Convention, as

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