THE TAVEECHAI MARINE OWNERS OF CARGO LATE

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Malayan Law Journal Reports/1995/Volume 1/'THE TAVEECHAI MARINE'; OWNERS OF CARGO LATELY
LADEN ON BOARD THE SHIP OR VESSEL 'TAVEECHAI MARINE' v OWNERS OF AND OTHER
PERSONS INTERESTED IN THE SHIP OR VESSEL 'TAVEECHAI MARINE' - [1995] 1 MLJ 413 - 26
November 1994
27 pages
[1995] 1 MLJ 413

' THE TAVEECHAI MARINE' ; OWNERS OF CARGO LATELY LADEN ON BOARD THE
SHIP OR VESSEL ' TAVEECHAI MARINE' v OWNERS OF AND OTHER PERSONS
INTERESTED IN THE SHIP OR VESSEL ' TAVEECHAI MARINE'
HIGH COURT (SABAH AND SARAWAK)
IAN CHIN J
ADMIRALTY IN REM NO S(27)-2 OF 1991
26 November 1994
Shipping and Navigation -- Carriage of goods -- Bill of lading -- Cargo released to consignee without bill of lading -- Whether carrier guilty of conversion -- Whether liability of carrier excluded under Merchant Shipping
(Implementation of Conventions Relating to Carriage of Goods by Sea and to Liability of Shipowner and
Others) Regulations 1960 -- Whether liability otherwise limited by bill of lading -- Merchant Shipping
(Implementation of Conventions Relating to Carriage of Goods by Sea and to Liability of Shipowner and
Others) Regulations 1960 art IV r 2(g)
Tort -- Conversion -- Delivery of goods to consignee without bill of lading -- Whether must prove intention to commit conversion -- Whether demand for return of goods a prerequisite to right to claim
Contract -- Terms -- Limit of liability -- Clause in bill of lading limiting liability of carrier -- Whether enforceable The plaintiff sold 388 bundles of sawn timber ('the 388 cargo') to the Yong Swatt Wood Supply Co Ltd of
Bangkok ('the consignee'). The 388 cargo was loaded on the 'Taveechai Marine' ('the vessel') which was chartered by the defendant. The plaintiff alleged that the defendant had, in breach of duty and/or contract and/or negligently delivered the 388 cargo to the consignee in Bangkok without production of the bill of lading and were thereby guilty of conversion, resulting in damage to the plaintiff of RM388,410.80, being the