22 Dec 2008
SOUTHPAC TRUCKS LIMITED V PORTS OF AUCKLAND LIMITED CA CA355/2007
- Citation
- openlaw-d77f532f_5490_4b98_9fb3_3126dd972267.pdf
- Court
- Court of Appeal
Majority held POAL could not invoke s6 or s16(2) because at the time of the collision it was not the 'actual carrier' in physical possession of the truck; the fork hoist operator's negligent activity was unrelated to the actual carriage of that specific truck and therefore POAL was not 'liable as such' within the Act and liability was not limited.