New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Bill of lading

Legal area

Court

26 Feb 2014

RESOURCE NEW ZEALAND LIMITED v MEDITERRANEAN SHIPPING CO S.A. [2014] NZHC 292

Citation

[2014] NZHC 292
Court

High Court

Clause 16.2 of the bill of lading unambiguously earned freight on receipt of the goods and expressly precluded set-off; Resources NZ failed to establish a genuine and substantial dispute about the debt or an arguable counterclaim or equitable set-off that would impeach MSC's title to the freight; commercial parties are to be held to their bargain and the statutory demand must not be set aside; application dismissed and time to comply extended.
18 Dec 2008

BRENNAN INTERNATIONAL TRANSPORT HONG KONG LIMITED TRADING AS BRENNAN INTERNATIONAL TRANSPORT V BLUE Q CORPORATION AND ANOR HC AK CIV-2008-404-004308

Citation

openlaw-b5ffb94f_4dd8_4f25_9ca9_961473237c9b.pdf
Court

High Court

Mondiale was Melric's agent and had knowledge of and authority to accept the standard terms in Brennan's bill of lading; those standard limitation and notice clauses (paragraphs 19 and 20) were not unusual or unreasonable and were therefore incorporated into and binding on Melric, permitting Brennan to rely on the clauses to limit liability (subject to further submissions on quantum and whether time limits defeat the claim).