Cargo claim against local shipping agent is struck out

Worldwide Foods’ claim against MSC Mediterranean Shipping Company Jamaica was struck out on 24 July after a dispute over condemned frozen cargo. The Supreme Court found no reasonable legal basis in the pleaded case for pursuing the local agent.

The bill of lading evidenced a contract with the overseas carrier, not its Jamaican agent. A separate post-discharge refrigeration-service contract was advanced in argument, but had not been properly pleaded; a late amended pleading filed without the required permission was not considered.

The court also held that the bill’s protective provision, commonly called a Himalaya clause, barred this claim against the carrier’s agent. The survey material relied upon by the claimant identified a malfunctioning refrigeration unit, rather than supporting the pleaded case against the agent for plugin services.

The agent nevertheless failed on its separate objection to Jamaican jurisdiction because it had not followed the prescribed challenge procedure and had submitted to the court. Costs were awarded to it on the strike-out. The decision did not determine a properly constituted claim against every participant in the cargo’s journey.

Final disposal of the claim against the Jamaican agent. The vessel claim had been discontinued and the overseas carrier had not been served; no general exoneration of all participants is reported. Complete official judgment reviewed; subsequent appeals or treatment have not been checked.