9 Apr 2009
TASMAN ORIENT LINE CV V NEW ZEALAND CHINA CLAYS LIMITED AND ORS CA CA519/2007
- Citation
- openlaw-4c18e03c_49b9_43ca_a459_d54b6093fbb6.pdf
- Court
- Court of Appeal
Majority held appellant's appeal must be dismissed: master's initial navigation decision was within navigation but the master's subsequent post-grounding conduct (concealment, failure to notify authorities, continuing at speed and falsifying records) was self‑serving and so not conduct "in the navigation or in the management of the ship" for purposes of art 4.2(a); therefore carrier not entitled to exemption for losses caused by that misconduct. The New Zealand Dairy Board's cross-appeal was allowed: heat damage to reefers probably occurred after grounding as a consequence of the master's mis…
- Hague-visby rules interpretation
- Carrier liability
- Article 4.2(a) exemption
- Good faith in navigation/management
- Deviation and barratry
- Causation of cargo loss