Riva Stahl GmbH and Ors v Combined Atlantic Carriers GmbH and ors (The ‘Bergen Sea’) - Federal Court (Trial Div) - 17 May 1999

Carriage of goods by sea - Time bar - Whether time for suit extended - Whether cargo owners entitled to rely on waiver or estoppel

The plaintiff cargo owners claimed damages from shipowners in respect of damage to a cargo of steel coils carried on board the vessel Bergen Sea from Germany to Houston, Texas. the damage was discovered upon discharge of the cargo at Houston on 16 March 1994. At the time of the carriage, the vessel was subject both to a time charter and to a voyage charter. The bills of lading incorporated US COGSA, and contained a clause providing that the carrier and the vessel should be discharged from all liability for any loss and damage unless suit was brought within one year after delivery of the goods.