New Zealand China Clays Ltd and Ors v Tasman Orient Line CV (The “Tasman Pioneer”) – Court of Appeal of New Zealand (Chambers, Baragwanath and Fogarty JJ) – 9 April 2009

Carriage of goods by sea – Deck cargo damaged following vessel’s grounding – Master failing to alert authorities of grounding – Cargo owners suing carrier under bills of lading – Whether carrier in breach of contract or bailment – Whether carrier entitled to rely on exemption of negligence in navigation or management of ship

On 1 May 2001 the vessel Tasman Pioneer left Yokohama bound for Busan, Korea. Because the ship was behind schedule, the master decided that instead of passing west of Okino Shima, the usual route for vessels entering Bungo Suido from the south, he would take the vessel between the island of Biro Shima and the promontory of Kashiwa Shima, the south-western extremity of the island of Shikoku.