Pacific Carriers Ltd v BNP Paribas

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, HAYNE, CALLINAN AND HEYDON JJPACIFIC CARRIERS LIMITED  APPELLANTANDBNP PARIBAS   RESPONDENTPacific Carriers Limited v BNP Paribas [2004] HCA 355 August 2004S585/2003ORDER1.   Appeal allowed with costs.2.   Set aside the orders of the New South Wales Court of Appeal made on 29 November 2002.3.   Remit the matter to the New South Wales Court of Appeal to deal with outstanding issues in conformity with the reasoning of this Court and to make orders disposing of the costs of the appeal to the Court of Appeal.On appeal from Supreme Court of New South WalesRepresentation:D F Jackson QC with A W Street SC and G J Nell for the appellant (instructed by Norton White)B W Rayment QC with I E Davidson for the respondent (instructed by Corrs Chambers Westgarth)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSPacific Carriers Limited v BNP ParibasContract – Carriage of goods – Carriage by sea – Delivery of goods without surrendering bills of lading – Indemnity to carrier.Contract – Construction and interpretation – Relevant principles – Objective interpretation of commercial documents – Letters of indemnity executed by trader in favour of carrier relating to unloading cargo without bills of lading – Where documents also signed by officer of the respondent bank – Whether letters of indemnity purported to bind the respondent as an indemnifying party.Contract – Agency – Ostensible authority – Documents of the kind commonly relied upon and intended to be relied...