22 Dec 2008
SOUTHPAC TRUCKS LIMITED V PORTS OF AUCKLAND LIMITED CA CA355/2007
- Citation
- openlaw-d77f532f_5490_4b98_9fb3_3126dd972267.pdf
- Court
- Court of Appeal
Majority held POAL could not invoke s6 or s16(2) because at the time of the collision it was not the 'actual carrier' in physical possession of the truck; the fork hoist operator's negligent activity was unrelated to the actual carriage of that specific truck and therefore POAL was not 'liable as such' within the Act and liability was not limited.
- Carriage of goods act 1979
- S6 limitation of liability
- S10 actual carrier
- S16 employee liability
- Definition of carrier
- Vicarious liability