Empresa Cubana de Alimentos v. Octavia Shipping Co. Ltd. (The Kefalonia Wind) - Q.B.D. (Com.Ct.) (Bingham J.) - 3 July 1985

Cargo claim amendment deprives shipowner of Hague Rules time-bar defence - Whether amendment should be disallowed at trial

In late 1981 the vessel Kefalonia Wind sailed from the Great Lakes to Cuba with a cargo of maize. As a result of stormy seas on passage seawater leaked through the hatch covers and the cargo was wetted. The plaintiff cargo owners claimed damages against the shipowners. The cargo was made up of three parcels. The first parcel was loaded at Port Colborne, the second at Windsor, and the third at Baie Comeau. All three bills of lading described the goods as No. 2 Canada Eastern Yellow Corn. They all incorporated the Hague Rules.