5 Aug 2020
AMERICAN EAGLE FISHING LLC v THE SHIP “KOORALE” [2020] NZHC 1935
- Citation
- [2020] NZHC 1935
- Court
- High Court
The Court held Florida is the forum conveniens and granted a stay of the New Zealand in rem and limitation proceedings (stay conditional on provision of an undertaking as to security). The Court found that, although New Zealand law and international conventions (COLREGS, LLMC) could govern high seas collisions, the dispute had a materially stronger connection to the US (owners, flag, witnesses, investigations) and that PILA did not displace maritime law for high seas collisions; differences in limitation regimes were treated as a neutral factor.