Candida Publishers Ltd and Ors v. The ship ‘Contship Holland’ and Ors - High Court (Potter J) - 17 March 1998

Conflict of laws - Cargo interests suing shipowners in bailment and negligence - No privity of contract between cargo interests and shipowners - Whether shipowners entitled to mandatory stay on basis of London arbitration clause in bill of lading contracts to which they were not party - Whether shipowners entitled to stay on ground of forum non conveniens

The plaintiff cargo interests sought to recover damages in respect of loss or damage to goods carried on board the vessel Contship Holland from Europe to New Zealand towards the end of 1991. In October 1991 the vessel called at a number of European ports and picked up containers for carriage to the South Pacific. On 29 October 1991 she encountered a violent storm while crossing the North Atlantic. Some 36 containers were lost overboard and the contents of other containers suffered damage.