ABSTRACT
Issues surrounding which party to a contract of carriage should bear responsibility for cargo damage related to loading, stowage and discharge have provided a consistent source of work for Admiralty and Commercial Court judges in years past and continue to do so. At common law the task of loading from ship's rail, stowing and discharging overside is the sole responsibility of the shipowner. The Registrar held that, on a true construction of the bill of lading, Owners were not responsible for stowage because the charterparty was incorporated into the bill of lading and the terms of the charterparty made it clear that Owners were not responsible for improper stowage. The majority of the loss was in respect of stevedore handling damage; the moisture damage was caused by inadequate ventilation and exacerbated by poor stowage/dunnaging which was the carrier's responsibility.
