Union Carbide Corporation and Ors v Fednav Ltd (The “Hudson Bay”) - Federal Court (Trial Div)(Nadon J) - 20 May 1997

Carriage of goods by sea - Identity of carrier - Whether time-charterers or shipowners parties to contract of carriage

The plaintiff cargo consignees sued the defendant time-charterers for breach of contract or in tort for loss and damage to the cargo. The cargo had been shipped onboard the vessel Hudson Bay . The consignees had purchased their respective cargoes from the shipper on CIF terms. The shipper had entered into a liner booking note contract with the time-charterers. Pursuant to clause 1 of that contract the shipper undertook to ship a quantity of cargo to various Far Eastern ports. Also by clause 1, the time-charterers undertook to reserve space for the shipper’s shipment on one or two vessels to be nominated.