Bizley Pty Ltd. v. Transcontinental Services Limited (The Protea Trader) - Supreme Court of N.S.W. (Adm.Ct.) (Carruthers J.) - 10 April 1992

Carriage of goods by sea - Time charterers’ bill - Immunity from suit clause - Owners withdraw vessel from charter - Whether cargo owners entitled to sue owners

A bill of lading was issued by Transcontinental Services Ltd., the time charterers of the vessel Protea Trader for the shipment of a consignment of refractory bricks from Antwerp to Sydney. The goods were carried, after transshipment, on the vessel Protea Trader which was the subject of a time charter on the N.Y.P.E. form between Quadro Shipping NV as owner and Transcontinental as charterer. The bill of lading was a charterer’s bill and freight had been prepaid.