Case

　　   Yang Ming Marine Transport Corporation vs. Smart Point Shipping Limited and Great Promise Holdings Limited -   Dispute over contract of carriage of goods by sea 

　　Case No. & Date of Judgment

　　   1. First Instance: (2005) XiaHaiFaShangChuZi No.380; 29 September 2007

　　   2. Second Instance: (2007) MinMinZhongZi No.486; 15 November 2007

　　Summary of Judgment

　　   In this case, disputes arose from issues on the vessel's seaworthiness, receipt of weather messages for shipping, departure, routing, anchoring against typhoon, care for cargo and safety management. The Court held that a carrier shall bear the burden of proof for exemption of liability, and a cargo interest who alleges cargo damages caused by unseaworthiness and improper care of cargo shall prove the allegation. However, based on the evidences of the case, the Court held that even when the cargo interest's allegation could not be established, the carrier was still responsible to prove that the cargo damage was attributable to a cause for which it was entitled to exoneration from liability.

　　Note

　　   Full text of the first instance judgment could be referred to on the website of China Foreign-related Commercial and Maritime Trial (http://old.ccmt.org.cn) (the judgment was upheld in the second instance).