Building firm Polidano Brothers Ltd has been awarded more than €131,000 in damages over 300 tons of imported steel bars that turned out to be rusty.

The court heard that Polidano Brothers had bought the bars from Lamines Marchands Europeens (LME) and that the cargo had been shipped to Malta from Antwerp, arriving in October 1998.

Polidano Brothers claimed the merchandise was corroded and asked the court to order that damages be paid by LME, this company’s agent JP Baldacchino & Co Ltd., Cargo Handling Co Ltd and Valletta Freight Services Ltd.

A metallurgist examined the steel bars and told the court they did not have the oil protection that was normally applied to such shipped products.

The rusting was too extensive to have been formed during the days of shipment and could not have reasonably occurred during the transit time, he concluded.

Valletta Freight Services Ltd, who handled the ship in Malta, said the bars were loaded on to the ship’s weather deck and had never been exposed to the elements.

LME, through its agent, said the merchandise had been loaded on an open deck at the owner’s risk and had not been protected. The metal had been exposed to waves for the duration of the voyage and the captain had declared this was at the shipper’s risk.

Madam Justice Lorraine Schembri Orland concluded that the bars were found to be damaged when they were unloaded and exonerated the Cargo Handling Co Ltd from any responsibility. Both LME (as represented by JP Baldacchino) and Valletta Freight Services Ltd were found liable for damages.

The two firms were ordered to pay Polidano Brothers a total of €131,023 between them.