TASMAN ORIENT LINE CV v NEW ZEALAND CHINA CLAYS AND OTHERS (THE "TASMAN PIONEER")

[2009] Lloyd's Rep Plus 59

COURT OF APPEAL OF NEW ZEALAND

Before Justice Chambers, Justice Baragwanath and Justice Fogarty

Carriage by sea - Deck cargo damaged following vessel's grounding - Master failing to alert authorities of grounding and instructing crew to lie about incident - Whether carrier in breach of contract of carriage - Whether carrier entitled to rely on exemption of negligence in navigation or management of ship - Hague-Visby Rules, article IV, rule 2(a).