Siemens Ltd v Schenker International (Australia) Pty Ltd

HIGH COURT OF AUSTRALIAMcHUGH ACJ, GUMMOW, KIRBY, CALLINAN AND HEYDON JJSIEMENS LTD  APPELLANTANDSCHENKER INTERNATIONAL (AUSTRALIA) PTY LTD & ANOR  RESPONDENTSSiemens Ltd v Schenker International (Australia) Pty Ltd [2004] HCA 119 March 2004S158/2003ORDERAppeal dismissed with costs.On appeal from the Supreme Court of New South WalesRepresentation:P H Greenwood SC with I G B Roberts for the appellant (instructed by O'Reilly Sever & Co)A J Meagher SC with R J H Darke SC for the respondents (instructed by Blake Dawson Waldron)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSSiemens Ltd v Schenker International (Australia) Pty LtdContract – Negligence – Limitation of liability – Construction and interpretation – Contract for the international carriage of goods by air – Goods damaged by negligence of carrier – Goods damaged while in transit by road outside perimeter of airport of destination – Limitation of liability clause in air waybill – Whether limitation clause in air waybill applies to carriage by road. Contract – Air waybill for international carriage of goods by air – Whether limitation clause in an air waybill applies to ground transport beyond the perimeter of the airport of destination – Services incidental to such air carriage – Whether limitation of liability must be, and was, expressed clearly to attract restriction on recovery for admitted negligence in ground transport. Carriers – Carriage by air – Warsaw Convention, Arts 18 and 22 – Guadalajara Convention, Art 2 – Civil Aviation (Carriers' Liability) Act...