Magic Sportswear Corp and Anr v OT Africa Line Ltd and Ors (The "Mathilde Maersk") - Federal Ct (Trial Div) (Milczynski P) - 22 December 2003

Conflict of laws - Bill of lading containing exclusive English jurisdiction clause - Plaintiffs bringing proceedings in Canada in breach of jurisdiction clause - Defendants obtaining anti-suit injunction in England - Canadian Court refusing to grant stay of proceedings

The plaintiffs were the shippers and consignees of a cargo of goods shipped in a container and carried by the defendants from New York to Monrovia. The plaintiffs claimed that when the container arrived in Monrovia, 99 of 170 cartons of merchandise were missing.