Woolworths sues Maersk over thousands of rotten fish cakes

Woolworths is set to slug it out with shipping major Maersk over a shipping container full of thousands of allegedly rotten fish cakes.

Woolworth’s is claiming Maersk delivered it a shipping container filled with thousands of rotting fish cakes (Photo by AFP)

A shipping container full of thousands of rotting fish cakes has landed freight giant Maersk and supermarket titan Woolworths in the courts.

The shopping giant has taken aim at Maersk, alleging it failed to refrigerate thousands of fish cakes making their way from the United Kingdom to Sydney last year.

In a statement of claim filed with the courts, Woolworths alleges Maersk’s failure resulted in the supermarket being delivered a container full of 3992 rotten containers of fish cakes.

Woolworths solicitor Frazer Hunt of Mill Oakley said Maersk loaded the container in July 2020, but wrongly carried the container “ at about 21 degrees Celsius not minus 21 degrees Celsius”.

“On about 28 September 2020 the defendant issued a delivery order for release of Container MNBU3928711 from DP World Port Botany which delivery order stated, “Temp 21.0C”,” Woolworths said in its statement of claim filed with the Federal Court.

“The consignment could not be salvaged because it was in an advanced state of decay.”

The consignment of rotten fish cakes is claimed to have been worth at least $153,079.44, but the supermarket is asking for more from Maersk claiming its shipping costs and duties be refunded.

This comes after Woolworth’s paid the duties to import the container, unknowing that it contained rotten fish cakes.

In total Woolworth’s is claiming Maersk cough up $169,063.54 plus interest.

In breach of the implied term of the Contract of Carriage, the defendant failed to deliver

the consignment to the plaintiff in the same good order and condition as when the

consignment was delivered to the defendant,” Woolworths said.

Woolworths sells four kinds of fish boxed fish cakes, with its Jamie Oliver Fish Cakes packed in the United Kingdom.

Boxes of Jamie Oliver brand fish cakes retail for at least $5 each.

However, Maersk is contesting Woolworth’s case and has taken its fight to the courts.

The two sides have skirmished in several rounds before the Federal Court, with the matter surfacing in four hearings since October this year.

Maersk and Woolworths are set to return to court next year in February over the fish cakes case.

Woolworths has been contacted for comment.