16 Apr 2010
TASMAN ORIENT LINE CV V NEW ZEALAND CHINA CLAYS LIMITED AND OTHERS SC 39/2009
- Citation
- TASMAN ORIENT LINE CV V NEW ZEALAND CHINA CLAYS LIMITED AND OTHERS SC 39/2009
- Court
- Supreme Court
Article 4.2(a) must be given its ordinary meaning: carriers are exempt from liability for acts, neglect or default of master or crew in navigation or management of the ship unless such acts constitute barratry (intent to cause damage or recklessness with knowledge that damage would probably result); respondents failed to plead barratry and the master's post-grounding conduct was within navigation/management, so the exemption applies and appeal is allowed.