The Owners of the cargo lately laden on board the MV ‘Sea Joy’ v The MV ‘Sea Joy’ - Cape Provincial Division (Thring J) - 7 August 1997

Carriage of goods by sea - Cargo damaged as result of improper stowage - Shippers claiming under Article III rule 2 of Hague - Visby Rules - Carrier relying on acronym ‘FIOS’ on face of bill of lading - Whether carrier liable for damage to cargo

The plaintiff shippers (who owned the relevant cargo) brought an admiralty action in rem against the vessel and the shipowners in respect of cargo damage. The cargo had been improperly stowed in the vessel. As a result, the cargo had shifted, collapsed and had been damaged whilst the vessel was at sea. The plaintiffs based their claim on Article III rule 2 of the Hague-Visby Rules, which provided: