Ng Choon Ho trading as Fuji Electronics & Machinery Enterprise v. The owners of the vessel Golden Lake - Singapore High Court (Adm.) (Chua J.) - 27 April 1982

Shipowners sued in tort for damaged cargo cannot claim benefit of limitation clause in bill of lading

The plaintiff was the owner of a cargo of transistors carried from Yokohama to Singapore in the defendants’ vessel Golden Lake under a bill of lading issued by World Shipping Co. Ltd. The cargo was discharged on to the dock-side on 22 October 1978 and a Landing Survey taken on 4 November 1978. The plaintiff could not take immediate delivery of the consignment as he had not yet received the bill of lading. When the bill of lading arrived, the plaintiff’s manager located the case in the godown. There were some stains on the case and he did not take delivery of it. The underwriters surveyed the consignment on 25 November 1978 at the godown. 144,600 out of the 250,000 transistors were found to be rusted to varying degrees. A laboratory analysis concluded that the damage had been caused by contact with sea water.