J.I. Case (Australia) Pty. Ltd. v. Tasman Express Line Ltd. (The Canterbury Express”) - Supreme Ct. of N.S.W. (Adm.Div.) (Carruthers) J.) - 5 December 1990

Carriage of combine harvester on deck subject to “on deck at shipper’s risk” endorsement on bill of lading - Accident during discharge - Whether unauthorised and uncontemplated mode of discharge a deviation from “four corners” of contract of carriage precluding carrier from relying upon further exclusion clauses in bill of lading

Under a bill of lading dated 24 April 1988 Tasman was the carrier of two combine harvesters on board its vessel Canterbury Express from Lyttelton, N.Z., to Port Botany, N.S.W. The plaintiff was the consignee named in the bill of lading, which was endorsed “on deck at shipper’s risk”. The vessel arrived at Port Botany at 09 15 hours on 4 May 1988 and commenced to discharge the combine harvesters. Stevedores and the Chief Officer entered the cab of one of the harvesters and released the brake. At a time when the harvester was slung in a lifting net above the vessel, the wheels began to move in the net and it fell out of the sling becoming wedged between the vessel and a shoreside crane. Negligence was conceded.