On the 16th May, 2023, German global shipping company Hapag-Lloyd Aktiengesellschaft (“Hapag-Lloyd”) commenced proceedings in Trinidad and Tobago against ANSA McAL Limited, Alstons Shipping Limited and West Indian Logistics Limited. Hapag-Lloyd sought damages for, inter alia, breach of contract/duty and/or negligence alleging that hazardous goods were not appropriately identified and loaded on board two (2) vessels, the CFS Wind and Seaspan Saigon, resulting in damage on board both vessels.
In opposing the claim, ANSA McAL Limited and Alstons Shipping Limited claimed, inter alia, that the companies played no role in the packing of containers, nor did they load any of the cargo on board the Vessels. The companies claimed that there existed no contract of carriage between the companies and Hapag-Lloyd, and that the only viable claim existed as against West Indian Logistics Limited, and other parties involved in the sale and purchase of the cargo. Alstons Shipping Limited further averred that they acted duly and faithfully as the local agent of Hapag-Lloyd in Trinidad and Tobago.
On the 16th May, 2025, ANSA McAL Limited and Alstons Shipping Limited applied for summary judgment against Hapag-Lloyd on the ground that Hapag-Lloyd had no realistic prospects of success on their claim against the companies, and that a Trial was therefore unnecessary.
On the 4th December, 2025, the Honourable Mme. Justice Margaret Mohammed granted the summary judgment application dismissing the claim as against ANSA McAL Limited and Alstons Shipping Limited, and found, inter alia, that:
- Hapag-Lloyd had no realistic prospects of success in proving that there was a contract of carriage between them and ANSA McAL Limited and Alstons Shipping Limited;
- Hapag-Lloyd had no realistic prospects of success in proving that Alstons Shipping Limited did not act as their agent to the transaction;
- Hapag-Lloyd had no realistic prospects of success in proving that Alstons Shipping Limited breached any common law duty of care or was negligent with respect to the contents of the cargo in the containers as its participation was limited as agent of Hapag-Lloyd.
ANSA McAL Limited and Alstons Shipping Limited were represented by Shiv Sharma and Asif Hosein-Shah instructed by Nyree Alfonso.
Useful Links:
- Article published on 4 December, 2025, by the Trinidad and Tobago Express Newspapers, “ANSA wins in Hapag-LLoyd fuel-oil case.”
- Article published on 5 December, 2025, by the Trinidad and Tobago Newsday Newspapers, “Ansa McAl, Alstons Shipping defeat German company’s claim for $58m.”
- Article published on 7 December, 2025, by the Trinidad and Tobago Guardian Newspapers, “Judge rules for ANSA McAL in shipping company lawsuit.”
Photo Credit: Vessel Finder – CFS Wind
