---
title: "Letter of indemnity for delivery of cargo without production of the bill of lading"
url: "https://ailawframework.com/precedents/maritime-shipping-and-transport/letter-of-indemnity-delivery-without-bl"
type: "precedent"
site: "AI Law Framework"
id: "a37-letter-of-indemnity-delivery-without-bl"
area_id: "A37"
kind: "deed"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# Letter of indemnity for delivery of cargo without production of the bill of lading

> Deed of indemnity from a receiver (with optional bank joinder) to a carrier who delivers cargo without production of the original bill of lading, covering liability, defence costs, security for arrest and delivery of…

Canonical page: https://ailawframework.com/precedents/maritime-shipping-and-transport/letter-of-indemnity-delivery-without-bl  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

Deed of indemnity from a receiver (with optional bank joinder) to a carrier who delivers cargo without production of the original bill of lading, covering liability, defence costs, security for arrest and delivery of the bills when found.

## Key facts

- Kind: Deed. A deed that must be executed as a deed.
- Practice area: [Maritime, Shipping & Transport](https://ailawframework.com/precedents/maritime-shipping-and-transport.md)
- Jurisdictions: Australia, New South Wales, United Kingdom (England and Wales)
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 3 authorities it cites, for Australia, New South Wales and United Kingdom (England and Wales).

## When to use it

Use when the original bills of lading are not available at discharge and the carrier agrees to deliver against an indemnity. Do not use to cover misdescription of cargo or to induce a clean bill for damaged goods; that may be unenforceable and expose the parties to fraud claims.

## How AI may be used

AI can compare a counterparty's letter of indemnity with the client's standard wording and list departures, but accepting the indemnity and any bank counter-security are commercial and legal decisions for the lawyer and client.

**AI may:**

- Compare the proposed wording with this precedent and the client's standard, and list every departure.
- Populate the cargo and voyage particulars from the bill of lading and charterparty for checking.
- Check that the named receiver and delivery port match the bill and the charterparty.

**AI must not:**

- Must not advise whether to deliver without the bill or whether the indemnity is adequate.
- Must not assess the creditworthiness of the indemnifier or the bank.
- Must not alter the indemnity to cover misdescription or clausing issues.

**The lawyer checks:**

- The carrier's P&I club has been consulted, because delivery without the bill is commonly outside P&I cover.
- The indemnifier has the capacity and creditworthiness to meet the indemnity, or a bank has joined.
- The person taking delivery is the person the bill holder would want to receive the cargo, and there is no competing claim.

## Authorities

- Sze Hai Tong Bank Ltd v Rambler Cycle Co Ltd [1959] AC 576 (PC) (carrier who delivers without production of the bill does so at its peril)
- [Carriage of Goods by Sea Act 1991 (Cth)](https://www.legislation.gov.au/C2004A04235/latest/text)
- [Sea-Carriage Documents Act 1997 (NSW) ss 8-11 (transfer of rights of suit and liabilities under sea-carriage documents)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1997-092#sec.8)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/maritime-shipping-and-transport/letter-of-indemnity-delivery-without-bl and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*