J. Gadsden Pty. Ltd. v. Strider 1 Ltd. (The AES Express) - Supreme Ct. of N.S.W. (Adm.Div.) (Carruthers J.) - 27 April 1990

Vessel withdrawn from charter in course of voyage - Vessel carrying cargo under freight pre-paid charterers’ bills of lading - Whether shipowners obliged to carry cargo to bill of lading destination - Whether shipowners entitled to charge freight for carriage of cargo after vessel’s withdrawal

On 25 April 1985 the defendant shipowners chartered their vessel A.E.S. Express on the Baltime 1939 form. In early 1986 the vessel was scheduled to undertake a voyage from the U.S.A. to Auckland, and thence Sydney and Melbourne. On 6 February 1986 the charterers issued three bills of lading for the carriage of eight 40 foot containers of paperboard from the U.S.A. to Melbourne. Freight was pre-paid and the bills were endorsed to the plaintiff cargo owners.