19 Jun 2008
GLOBAL PRESTIGE BRANDS LTD V DHL GLOBAL FORWARDING (NZ) LTD HC AK CIV 2008-404-1579
- Citation
- openlaw-ac0a8aa9_5f54_46e9_9154_4b4a1c2df977.pdf
- Court
- High Court
The appeal is dismissed because EuroItalia acted as Global's agent binding Global to the air carriage contract evidenced by EuroItalia's instructions and the airway bill; the post-contract request to change carriage to sea was a proposed variation after partial performance which DHL did not accept and did not cancel the contract; clause 22 did not assist Global because no cancellation occurred; DHL is entitled to judgment for the amounts awarded by the District Court and to indemnity costs in the High Court fixed at NZD 1,500.