Just a moment...
Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the steamer agent is liable to pay demurrage and port charges to the port trust authority for goods warehoused in the port, and whether such liability changes only after endorsement of the bill of lading or issue of a delivery order.
Analysis: The liability to pay demurrage and port charges was held to depend on the statutory scheme governing custody of goods at the port. On a reading of the relevant provisions, the goods are taken charge of by the port trust from the ship owner or steamer agent, and in that situation the relationship is one of bailor and bailee between the steamer agent and the port trust authority. The earlier decision concerning the consignee was treated as turning on its facts, where the consignee had already entered the scene. The Court also noted that the limited lien available to the ship owner does not extend to demurrage and port charges, while the Act contains provisions enabling the port trust to recover its dues from the goods in custody.
Conclusion: The steamer agent remains liable for demurrage and port charges until the bill of lading is endorsed or a delivery order is issued, after which the consignee or endorsee would be liable.