Tasman Express Line Limited v. J. I. Case (Australia) Pty Ltd. - New South Wales Court of Appeal - 25 November 1992

Carriage of goods by sea - On deck at shippers risk - Damage during discharge - Deviation

The respondent was the consignee of two harvesters carried on the appellant’s vessel from New Zealand to Australia. Both harvesters were stowed on deck and the bill of lading was endorsed “on-deck at shippers risk”. As the bill of lading called for carriage on deck and the cargo was in fact carried on deck the Hague Rules did not apply.