Control Chemicals (Pty) Ltd v Safbank Line Ltd and Others (The MV Recife)

The MV Recife sailed from Durban to ports in the Americas in July 1991. Control Chemicals (Pty) Ltd, the appellant, shipped a container of calcium hypochlorite tablets (a dangerous oxidising substance) under a bill of lading governed by the Hague-Visby Rules. Approximately 50 days into the voyage, while off Florida, an explosion and fire occurred in the container stowed on the top tier of the deck, damaging the vessel and nearby cargo. The carrier (Safbank Line Ltd) and associated parties sued the shipper for damages, alleging that the explosion was caused by defective or contaminated calcium hypochlorite or improper stowage within the container. Negligence was conceded not to be proven, and the claim proceeded purely in contract under article IV rule 6 of the Hague-Visby Rules.

The appeal was upheld and the respondents’ claims were dismissed by an order of absolution from the instance. A costs order was made, with half of the costs of perusal disallowed due to missing documents being handed up only on the morning of the hearing.

The case is significant for South African maritime and admiralty law in clarifying the burden of proof under article IV rule 6 of the Hague-Visby Rules. It affirms that even in cases involving dangerous goods, a shipper is not strictly liable where the carrier consented with knowledge of the goods and the cause of damage is not proven. The judgment underscores the principle that courts should not infer liability merely because an event is extraordinary and unexplained.