OCEAN STEAM SHIP COMPANY, LTD. v. QUEENSLAND STATE WHEAT BOARD.

(1940) 68 Ll L Rep 136

COURT OF APPEAL.

Before Lord Justice MacKinnon, Lord Justice Luxmoore and Lord Justice du Parcq.

Practice - Writ - Service out of the jurisdiction - Conflict of laws - Shipment of wheat by defendants in plaintiffs' steamship for carriage from Brisbane to United Kingdom - Allegation by plaintiffs that wheat was infested with weevils, resulting in claims by owners of other cargo affected thereby-Action brought by plaintiffs to be indemnified by defendants (domiciled in Australia) - Leave granted by District Registrar for service of writ out of jurisdiction - Order reversed by Stable, J.-Appeal by plaintiffs-Wheat shipped under bill of lading providing: "(1) All the terms, provisions and conditions of the Australian Sea Carriage of Goods Act, 1924, and the schedule thereto are to apply to the contract contained in this bill of lading . . . If anything herein contained be inconsistent with the said Act and schedule it shall, to the extent of such inconsistency and no further, be null and void . . . (16) The contract evidenced by this bill of lading shall be governed by the law of England"-Australian Sea Carriage of Goods Act, 1924, Sect. 9 (1): "All parties to any bill of lading . . . relating to the carriage of goods from any place in Australia . . . shall be deemed to have intended to contract according to the laws in force at the place of shipment, and any stipulation or agreement to the contrary . . . shall be illegal, null and void, and of no effect"-R.S.C., Order 11, r.1(e)(iii).