Judgement of the Central Intellectual Property
and International Trade Court

The Carriage of Goods by Sea Act B.E.2534 (1991) Section 39, 41(2), 46

All the plaintiffs knew that the goods in dispute would arrive Thailand about October 1995 so they contacted the defendant’s agent in Thailand to get their goods and were informed at that time that the goods had not yet arrived. It can be concluded that the time the defendant should have delivered the goods was October 1995 and was the point of starting prescription. All the plaintiffs filed their case on May 12^th1997 more than one year from the day after the lapse of the time which would reasonably require for delivery of the goods, this case is barred by prescription subject to the provision of Section 46 of the Carriage of Goods by Sea Act B.E.2534 (1991).

L/C application fees with its interest and bank service charge, insurance premium and loan interest are not damages resulting form loss or damage to the goods which have been handed over to the carrier for which the plaintiff shall be liable subject to the provision of Section 39 of the Carriage of Goods by Sea Act B.E.2534 (1991).