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Lloyd's Maritime Law Newsletter

Australian Tallow & Agri-Commodities Pty Ltd v Malaysia International Shipping Corporation - New South Wales Court of Appeal (Meagher JA, Sheller JA and Powell JA) - 2 March 2001

Lien on cargo - Privity of contract - Whether carrier can exercise lien over shipper’s goods to secure amounts payable to carrier by another party to whom shipper acts as agent

The issue was whether a lien on cargo clause in a shipowner’s standard form bill of lading enabled the carrier to retain possession of the cargo to secure amounts payable by the shipper’s agent to the carrier under other contracts between the carrier and the agent or its principal.

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