Siemens Ltd v Schenker International (Australia) Pty Ltd

Contract – Negligence – Limitation of liability – Construction and interpretation – Contract for the international carriage of goods by air – Goods damaged by negligence of carrier – Goods damaged while in transit by road outside perimeter of airport of destination – Limitation of liability clause in air waybill – Whether limitation clause in air waybill applies to carriage by road.

Contract – Air waybill for international carriage of goods by air – Whether limitation clause in an air waybill applies to ground transport beyond the perimeter of the airport of destination – Services incidental to such air carriage – Whether limitation of liability must be, and was, expressed clearly to attract restriction on recovery for admitted negligence in ground transport.

Carriers – Carriage by air – Warsaw Convention, Arts 18 and 22 – Guadalajara Convention, Art 2 – Civil Aviation (Carriers' Liability) Act 1959 (Cth), s 11 – Whether statutory limitation of liability applies to goods damaged outside perimeter of airport.

Words and phrases – "carriage", "international carriage", "actual carrier", "contracting carrier", "air carriage", "other services incidental to such air carriage".

Civil Aviation (Carriers' Liability) Act 1959 (Cth) – ss 11(1), 25A, Sched 2.

Customs Act 1901 (Cth) – ss 40AA, 71E(1), 71(2)(a).

Convention for the Unification of Certain Rules Relating to International Carriage by Air as amended at The Hague 1955 (Warsaw Convention) – Arts 1, 18, 22, 31.

Convention – Supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier, Guadalajara 1961 (Guadalajara Convention), Art 2.