EL GRECO (AUSTRALIA) PTY LTD. AND ANOTHER v. MEDITERRANEAN SHIPPING CO. S.A.

[2004] 2 Lloyd's Rep. 537

AUSTRALIA (FEDERAL COURT OF AUSTRALIA) (FULL COURT)

Before Black, C.J.; Beaumont and Allsop, JJ.

Carriage by sea - Damage to cargo carried from Australia to Greece - Fixing value of damaged goods - Whether Court entitled to fix value in Australia instead of place of discharge - Whether Court bound to have regard to recent sale price in fixing value - Australian Amended Hague-Visby Rules, art. 4, r. 5(b). Carriage by sea - Limitation of liability - “Units” - Goods containerized - Bill of lading referred to one package and described goods as 20 ft. container said to contain “200,945 pieces posters and prints” - Whether each individual piece inside the container was a “unit” for limitation purposes - Whether there was an enumeration of the number of units for limitation purposes - Australian Amended Hague-Visby Rules, art. 4, r. 5(c). Bill of lading - Limitation of liability - Clause provided that if container packed by shipper it should constitute one package for limitation purposes - Whether carrier could rely on clause - Whether clause contrary to art. 3, r. 8 of Australian Amended Hague-Visby Rules and therefore void.