Polidano Brothers was today awarded over €131,000 in damages after it resulted that 300 tonnes of steel bars imported by the company were rusty.
Madam Justice Lorraine Schembri Orland delivered this judgment following an action filed by Polidano Brothers against JP Baldacchino & Co Ltd as agents for Lamines Marchands Europeens, against the Cargo Handling Co Ltd and against Valletta Freight Services Ltd.
The court heard that Polidano Brothers had purchased the steel bars from Lamines Marchands Europeens ("LME") and that the cargo had been shipped to Malta from Antwerp.
Polidano Brothers claimed that the merchandise was discovered to be corroded and it requested the court to condemn defendants to pay it damages.
A metallurgist who had examined the steel bars told the court that the bars did not have the oil protection normally applied to such shipped products. He added that the rusting was too extensive to have been formed during the days of shipment and could not have reasonably occurred during the transit time.
Valletta Freight Services Ltd said that the steel bars had been loaded onto the ship's weather deck, adding that the bars had never been exposed to the element.
On its part LME, through its agent, said that the merchandise had been loaded on an open deck at the owners' risk and had not been protected. The metal bars had been exposed to waves for the duration of the voyage and the ship's captain had declared that this was at the shipper's risk.
Madam Justice Schembri Orland concluded that the steel bars were found to be damaged when they were unloaded from the ship in Malta. She exonerated the Cargo Handling Co Ltd from any responsibility for this damage.
Both LME (as represented by JP Baldacchino) and Valletta Freight Services Limited were found to be liable towards Polidano Brothers in damages. The two companies were ordered to pay Polidano Brothers a total of €131,023 in damages between them.