Riva Stahl GmbH v. Bergen Sea ( The )
T-1389-95
Lutfy J.
21/5/97
14 pp.
Action seeking US$203,891.29 in damages caused to bundles of steel wire rods during shipment from Germany to Houston, Texas aboard vessel Bergen Sea-Motion for summary judgment seeking dismissal of plaintiff's action as time barred-Plaintiffs received damaged goods in March 1994, issued statement of claim on June 28, 1995-Claim subject to one-year limitation period-Plaintiff, through insurance representative, obtained extension of time, to June 13, 1995 from one party, and to June 30, 1995 from other party-Parties discussed possible settlement without reference to any time bar defence-Issues whether action time barred, whether defendants had waived their rights to assert time bar defence, and whether defendants estopped from relying on time bar defence-Motion granted-As to expiration of one-year limitation period, no meeting of minds concerning extension because of different dates and stipulations of similar extension from each defendant-Burden to obtain similar extensions from owners and charterers on plaintiffs and representatives-Consequences of failure to do so must be borne by plaintiffs-Action therefore time barred as against all defendants prior to issuance of statement of claim-As to waiver, record not disclosing constituting unequivocal and conscious attempt to abandon time bar defence-Finally, defendants not estopped from relying on time bar defence-No clear admission of liability-Neither silence on time bar issue nor failure to use words "without prejudice" constituting promise not to rely on limitation period-Conduct of parties, both before and after first anniversary of loss, not giving rise to any waiver or estoppel-Neither unequivocal and conscious intention to abandon limitation period nor promise or assurance not to rely on defence-On evidence, no genuine issue for trial.