Breffke & Hehnke GmbH & Co. KG and Ors v. Navire Shipping Co. Ltd. and Ors (The “Saga Explorer”) – QBD (Comm. Ct.), 7 Nov 2012

BILLS OF LADING PHRASING -- APPARENT GOOD ORDER -- CARGO QUALITY -- CONDITION OF GOODS -- RETLA CLAUSE -- COGSA -- CONTRACT CONSTRUCTION -- Consignee Award The Vessel was chartered to carry a cargo of steel pipes. At the loadport, the cargo was inspected and found to be in poor condition as stated in the Survey report and Mates Receipt, however, the Bills of Lading reflected "apparent good order". Consignee claimed for damages stemming from the misrepresented cargo condition in the Bills of Lading. Owner claimed that they were excused from liability under a protective “Retla clause” incorporated in the B/Ls.