Pacific Carriers Limited v BNP Paribas

[2004] HCA 35
Judgment date
Case number
S585/2003
Before
Gleeson CJ, Gummow, Hayne, Callinan, Heydon JJ
Catchwords

Contract – Carriage of goods - Carriage by sea - Delivery of goods without surrendering bills of lading - Indemnity to carrier.

Contract – Construction and interpretation - Relevant principles - Objective interpretation of commercial documents - Letters of indemnity executed by trader in favour of carrier relating to unloading cargo without bills of lading - Where documents also signed by officer of the respondent bank - Whether letters of indemnity purported to bind the respondent as an indemnifying party.

Contract – Agency - Ostensible authority - Documents of the kind commonly relied upon and intended to be relied upon by third parties - Whether the assumption made by the appellant that the respondent was party to the letters of indemnity was induced or assisted by the respondent's conduct in such a way that it would be unjust to permit the respondent to depart from the assumption.

Files
35.rtf (44.23 KB)
35.pdf (75.6 KB)