Failure to Take Soundings

Abstract

ONE of the issues raised in Riverstone Meat Co. Pty. v. Lancashire Shipping Co., Ltd.,1 was whether the shipowner could successfully rely on the Australian Sea-Carriage of Goods Act, 1924, Sched., Art. IV, r. 2, which provides: Neither the carrier nor the ship shall be responsible for loss or damage arising from (a) act, neglect or default of the master, mariner, pilot or the servants of the carrier in the navigation or management of the ship.-2 It was alleged in this case by the owners of cargo found to be damaged by sea water that the damage had been caused by the negligence of the shipowner in failing to discover by proper soundings the presence of water in the hold.