AF00101281 Premiers correspondence 1947-1948. NRS-12060 [9/3452] 47/3607 - Flipbook - Page 10
St 6211
REPLYING PLEASIL
WHEN REPLYING
QUOTE NO.
t., •
19 14;/
Tc;s7
RWS .131.
STATE CROWN SOLICI R'S OF
237 MACQUARIE
--- 1948
SYDNEY, P14*
19 48 •
REPLIES ARE REQUESTED TO BE ADDRESSED TO THE
STATE CROWN SOLICITOR, BOX 25A. G.P.O. SYDNEY.
The Under Secretary,
Premier' s Department,
SYDNEY.
SUBJECT: Wedding presents for H.R.H.vforrincess
Elizabeth -- Lost package.
Included amongst the gifts presented by the New South
Wales Government to the Princess Elizabeth on the occasion of
her marriage were three special Quality rugs, which were despatched on 8th November 1947, uninsured by air through Qantas
Empire Airways, addressed to the Agent ueneral in London. The
parcel was not received by the Agent General and inquiries
made by him and Qantas Empire Airways have failed to reveal
any trace of the missing goods.
Copies of the relevant consignment note and correspondence with the Carrier have been furnished and I am asked to advise as to the extent, if any, to which the Department has a
claim on Qantas Empire Airways for the cost of the rugs and/or
for a rebate of a proportion of the freight charged.
The consignment note is expressed to be in the "Form
of the International Air Traffic Association", and the consignor
declared therein "that he is aware of and accepts the General
Conditions of Carriage more particularly referred to on the
back of this document'. Under the heading "Conditions of Carriage
on the back of the consignment note appears (inter alia) the
following:"Carriage by Air: The General Conditions of Carriage
of Goods are applicable to both internal and international carriage.
General Conditions International Carriage as defined
by Article 1 paragraphs 2 and 3 of the Convention of
Warsaw of 12th October 1929, is subject to the rules
relating to liability established by the said Convention
upon which the aforesaid General Conditions are based."
The General Conditions of Carriage of Goods referred to
are (so far as relevant) identical with those formulated by the
International Air Traffic Association and are thereby incorporated into the contract. A copy of same is available for inspection at the office of Qantas Empire Airways.
The first question requiring consideration is whether
the carriage in the present case comes within the special categories of international carriage defined by Article 1 paragraph
2 of the Conditions. The terms of Article I paragraph 2 of the
Conditions are almost identical with and to the same effect as
those of Article I paragraph 2 of the Convention of Warsaw.
In order to come within such special categories the
place of departure and the place of destination must be (according to the contract) (inter alia) within the territories of two
High Contracting Parties to the Convention of Warsaw whether
or not there be a break in the carriage or a trans-shipment.
Since both Australia (the place of departure) and the United
Parties
Kingdom (the place of destination) are High Contracting
