Jian Sheng Co Ltd v Great Tempo SA and Ors (The ‘Trans Aspiration’) - Federal Court of Appeal, (Pratt, Décary & Linden JJA) - 14 April 1998

Carriage of goods by sea - Exclusive jurisdiction clause -Whether void for uncertainty - Construction of ‘Identity of Carrier’ clause - Location of carrier’s principal place of business

The plaintiff was the consignee of a cargo of lumber, part of which had been lost overboard during carriage from Canada to Taiwan on the vessel Trans Aspiration . The carriage had been booked with the defendant Sinotrans Canada Inc (‘Sinotrans Canada’), who were the charterers and operators of the vessel. The plaintiff sued Great Tempo SA of Panama (the owner of the vessel), Sinotrans Canada, and all others interested in the ship Trans Aspiration .