30 Oct 2009
PORTS OF AUCKLAND LIMITED V SOUTHPAC TRUCKS LIMITED SC 18/2009
- Citation
- SC 18/2009
- Court
- Supreme Court
POAL was a 'carrier' under the Act while procuring carriage/incidental services and was acting 'as such' when the truck was damaged, so s6 removed its tort and vicarious liability (and s16 protected its employee); allowing a negligence claim against POAL would defeat the statutory scheme of limited carrier liability and insurance certainty, therefore the High Court's order for summary judgment for POAL is restored.