Borealis AB v Stargas Ltd (The “Berge Sisar”) - House of Lords (Lord Hoffmann, Lord Mackay of Clashfern, Lord Cooke of Thorndon, Lord Hope of Craighead and Lord Hobhouse of Woodborough) - 22 March 2001

Carriage of Goods by Sea Act 1992 - Intermediate holder of bill of lading requesting delivery of samples of cargo for testing - Intermediate holder subsequently rejecting cargo and endorsing bill of lading to third party - Whether intermediate holder became liable under bill of lading - Whether intermediate holder “demanded delivery” within meaning of subsection 3(1)(c) of Carriage of Goods by Sea Act 1992

The plaintiff buyers agreed to buy a quantity of propane from the defendant sellers. The propane was loaded on board the vessel Berge Sisar, which had been chartered to the sellers on the Asbatankvoy form. The sellers had purchased the cargo in part directly from the Saudi Arabian Oil Co (“the shippers”) and in part from intermediate purchasers who had themselves, either directly or indirectly, purchased the propane from the shippers.