American Dornier Machinery Corp and Anr v "MSC Gina" and Ors - US District Court (SDNY)(Owen DJ) - 16 October 2001

Package limitation - Whether carrier entitled to invoke package limitation defence in relation to loss of containers stowed on deck in contravention of antecedent agreement - Whether deviation

The second plaintiff manufactured sophisticated, delicate, computerised textile weaving machines. The first plaintiff was an American associated company of the second plaintiff which purchased the machines involved in the case. German freight forwarders ("Monnard") acted on behalf of the plaintiffs, as well as for a number of other German machinery manufacturers, making arrangements for the ocean transportation of about 600 machines per year. The defendant carrier ("MSC") carried the plaintiffs' machines to various overseas destinations.