Shanghai Tiantuo Agricultural Products Co., Ltd. v. Norasia Container Lines Limited et al.
摘要
The Plaintiff, Shanghai Tiantuo Agricultural Products Co., Ltd, shipped a consignment of cherries in a container carried by the Defendants, Norasia Container Lines Limited and Hapag-Lloyd Aktiengesellschaft, Hamburg. Upon arrival at the final destination, the Plaintiff discovered that the goods were decayed, and it had to destroy same, suffering a loss of about USD100,000. The Plaintiff made a claim for compensation for the loss of goods against the Defendants on the basis that the Defendants were liable for the loss during the carriage, as inspection reports showed that the temperature in the container was not suitable for the goods, thus resulting into their decay. The Defendants submitted evidence that the container maintained an accurate temperature and that the state of the goods at loading was unknown to it. The Court ruled in favor of the Defendants, based on the evidence with more convincing probative force.