Victrawl Pty Limited v Telstra Corp Ltd & Ors- Sanko Steamship Co v Sumitomo Australia Limited

The High Court of Australia considered appeals arising from separate proceedings concerning the carriage of goods by sea. In *Victrawl Pty Limited v Telstra Corp Ltd & Ors*, the primary issue involved the interpretation of a bill of lading and the extent of the carrier's liability for damage to goods. In *Sanko Steamship Co v Sumitomo Australia Limited*, the dispute concerned the proper construction of a charterparty and the calculation of demurrage payable by the charterer.

The central legal questions before the Court were, in *Victrawl*, whether the carrier had discharged its obligations under the bill of lading and whether the damage to the goods was caused by an excepted peril. In *Sanko*, the Court was required to determine whether the charterer had breached the charterparty by failing to provide a ready berth, and if so, what demurrage was payable under the relevant clauses.

The Court's reasoning in *Victrawl* focused on the principles of contractual interpretation and the burden of proof in establishing exceptions to liability. It was held that the carrier bore the onus of proving that the damage fell within an excepted peril. In *Sanko*, the Court examined the terms of the charterparty concerning laytime and demurrage, applying established principles of contract law to ascertain the parties' respective rights and obligations. The Court considered the meaning of "ready to load" and the circumstances under which laytime commences.

The appeals were dismissed, with the Court upholding the decisions of the lower courts in both matters.