10 Nov 2006
BIRKENFELD V YACHTING NEW ZEALAND INCORPORATED SC 72/2006
- Citation
- SC 72/2006
- Court
- Supreme Court
Leave was declined because Part 7 of the Maritime Transport Act 1994 plainly applies to the RIB: the statutory definition of 'ship' in s84 includes the RIB; measurement methodology from the Tonnage Convention is incorporated by s87(5)(b) and s87(5)(c) addresses unascertainable tonnage; and the Limitation Convention does not confine limitation to sea-going or trading vessels absent national regulation, so the applicant's arguments lack sufficient merit or general importance.