Seafood Imports Pty Ltd v ANL Singapore Pte Ltd [2010] FCA 702 (5 July 2010)

SHIPPING AND NAVIGATION – Carriage of goods by sea – In refrigerated container supplied by carrier – controller on container becoming stuck in defrost mode due to incompatible software – Whether goods properly and carefully carried, kept, cared for and discharged – Exception of latent defect – Whether malfunctioning of container not discoverable by due diligence – Hague-Visby Rules Arts III rr (1) and (2) and IV rr (1) and (2)(p)

Evidence Act 1995 (Cth) ss 63 and 64