Alternatively, AWA said that it did not pack or load the containers, and that therefore under the relevant terms and conditions, it had no responsibility or liability for damage arising from the incorrect temperature setting. Further, AWA pleaded that any claim under the bills of lading was out of time under the Hague-Visby Rules which apply by operation of Pt 2 of the Carriage of Goods by Sea Act 1991 (Cth) (the Act). AWA denied that the bills of lading constituted contracts of agency or were subcontracts. On, AWA admitted that it was the carrier of the cargoes pursuant to the bills of lading, but said that Seaway was the ‘Merchant’ under them. Seaway said that the proper defendant to Manassen’s claim was AWA, as it was party to the relevant bills of lading.Īs against ANL, the statement of claim alleged that by keeping the cargo at -10 o C, ANL breached duties owed to Manassen as bailee (in respect of the first and third cargoes), or alternatively, ANL breached common law duties of care in respect of all three cargoes.ĪWA was subsequently added by a third party notice. In its defence filed on 23 August 2019, Seaway admitted that it engaged AWA to arrange carriage of the cargo, but denied that it instructed AWA to set the containers to -10 o C. Manassen claimed that Seaway was responsible for AWA’s conduct, and made no separate claim against AWA. It pleaded that the cargo was damaged as a result of Seaway’s conduct in instructing a third party freight forwarder, Intelligent SCM LLC, known as AWA, to set the refrigerated containers to -10 o C, or alternatively, that AWA instructed or arranged those temperatures. The statement of claim was filed one year later on 19 July 2019. (b) ANL Singapore Pte Ltd (ANL), the second defendant, the ocean carrier of the cargo. (a) Seaway Logistics Pty Ltd (Seaway), the first defendant, a transport and logistics provider, who was engaged to effect the import of the cargo and Manassen filed a writ on 12 July 2018 against: As a consequence, the salad dressing spoiled, leading to Manassen suffering loss and damage. The refrigerated containers were allegedly set to the wrong temperature for storage: -10 o C, rather than +10 o C. The plaintiff, Manassen Foods Australia Pty Ltd (Manassen) imported salad dressing from the US to Australia in 2017 in three cargo shipments in refrigerated containers.
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