Kamil Export (Aust) Pty Ltd v NPL (Australia) Pty Ltd - Supreme Court of Victoria (Full Ct)(Fullager, Marks and Ormiston JJ) - 21 December 1993

Carriage of goods by sea - Delivery of goods without production of bill of lading - Whether carrier protected by exclusion clause - Whether Hague Rules time bar applicable

Kamil Export (Australia) Pty Ltd were the shippers of two shipments pursuant to bills of lading issued by NPL (""the carrier”). The first shipment consisted of a consignment of dairy products from Melbourne to Guam. On arrival at Guam the carrier released the goods without production of the bills of lading. The second shipment consisted of a consignment of 20 packages from Melbourne to Nauru. The consignees were not able to pay for the whole consignment but only for a part, and the shippers agreed to release 11 of the 20 packages. The carrier mistakenly believed that it was authorised to release all 20 packages, and did so to the consignee.