Wibau Maschinenfabrik Hartman S.A. v. Al-Owaidah Establishment for Contracting (The Chanda) - Q.B.D. (Com.Ct.) (Hirst J.) - 24 April 1989

Whether shipowners entitled to limit liability for damage to cargo stowed on deck without authorisation

The plaintiff cargo interests claimed damages from the defendant carrier in respect of damage to cargo which had been stowed on deck without authorisation. The carriers claimed to limit their liability under the Hague Rules. They relied on The Antares [1987] 1 Lloyd’s Rep. 424, where it had been held that shipowners were not barred from relying on the one-year time bar in the Hague-Visby Rules, notwithstanding their fundamental breach of contract in stowing cargo above deck.