MUND & FESTER GMBH & CO KG v PAN STEEL GROUP GUOMAO PANZHIHUA CO LTD AND ANOTHER

[2016] 7 CMCLR 17

WUHAN MARITIME COURT OF CHINA(CIVIL JUDGMENT)

Before Presiding Judge Wei,Judge Qing,Acting Judge Yi,Court Clerk Cheng

Carriage of goods by sea – Rolled steel – Pre-loading survey – Broken package and rust of cargo – Mate's receipt recorded cargo damage – Shipper provided letter of indemnity for clean on board bill of lading – Whether issuance of bill of lading against letter of indemnity constituted maritime fraud – Court's review of cargo survey report in destination port – Right of subrogation – Right by reason of assignment – Right of suit of lead insurer who insured part of the cargo – Maritime fraud – Tortious liability – Time bar – Whether the one-year time bar defence available to servant or agent of the carrier – Hague-Visby Rules – Relationship between Chapter IV and Chapter XIII of Chinese Maritime Code.