Godina & anr. v. Patrick Operations Pty. Ltd. & anr. (The Novovyatsk) - N.S.W. Dist. Ct. (Barbour J.) - 15 Jan. 1981

Bill of Lading - Whether stevedores protected by Himalaya clause

The plaintiffs were the consignees of goods which had been shipped from Genoa to Sydney in the vessel Novovyatsk . After being discharged by the defendant stevedores the goods were left on the wharf to await collection by the plaintiffs. During this period the goods were damaged by rain water as a result of inadequate protection. The defendants were bailees of the goods at the time and were found by the Court to have been negligent. The question was whether the defendants’ liability was excluded under the terms of the bill of lading.