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'''Summary'''
This was an appeal by Noble Chartering Inc ("Noble”) as disponent owners, of the decision of the High Court [[https://www.onlinedmc.co.uk/index.php?title=Priminds_Shipping_(HK)_v_Noble_Chartering_-_The_Tai_Prize]] that voyage charterers, Priminds Shipping (HK) Co Ltd (“Priminds”) were not liable to indemnify them in respect of a contribution they had made to the settlement of a cargo claim in the context of an earlier arbitration brought against them by the registered owners of the vessel (the carrier under the bill of lading issued by agents for the Master. The High Court had held that Priminds – acting through the shippers as their agents -had not impliedly warranted the accuracy of any statement in the bill of lading as to the condition of the cargo, and that the Master was to make his own representation as to the apparent order and condition of the shipment loaded on board.
The Court of Appeal upheld the judgment of the High Court that the shippers’ statements on the draft bill of lading tendered to the Master that the cargo was “clean on board” and “shipped at the Port of Loading in apparent good order and condition” did not constitute a warranty in respect of the condition of the cargo, and that it was the Master’s task to take reasonable steps himself to verify the apparent condition of the cargo before signing any bill of lading presented by the charterers or shippers. The appeal was dismissed accordingly.
