General Motors Corporation and others v Cast (1983) Ltd and others (The “Cast Muskox”) Federal Court (Trial Div) (Noel J) - 28 February 1994

Cargo damage claim - Defence that containers were inadequately stowed - Relevance of long history of shipment of identical goods through identical means without incident

The plaintiff cargo interests sought to recover damages for a cargo of car converters which were delivered in a damaged state. The cargo had been carried in containers. The defendants alleged that the cargo had been cared for and discharged in accordance with the terms and conditions of the contract of carriage. They further alleged that if damage had been caused while the cargo was in their custody, it resulted from an insufficiency of packing or any other cause without their actual fault. In the alternative, the defendants claimed the benefit of the limitation of liability clause contained in the bills of lading.