Ports of Auckland Ltd v Southpac Trucks Ltd

[2009] NZSC 32

IN THE SUPREME COURT OF NEW ZEALAND

SC 18/2009
[2009] NZSC 32

BETWEENPORTS OF AUCKLAND LTD

Appellant

ANDSOUTHPAC TRUCKS LTD

Respondent

Court:Blanchard, Tipping and McGrath JJ

Counsel:C A Carruthers QC and G Mercer for Appellant

P M Smith and M Salmen for Respondent

Judgment:3 April 2009 

JUDGMENT OF THE COURT

A        Leave to appeal is granted.

B        The approved grounds are:

(a)Whether Ports of Auckland can avail itself of the statutory exemption from liability conferred by s 6 Carriage of Goods Act 1979.

(b)Whether the operator of the forkhoist (an employee of Ports of Auckland involved in the accident) was exempt from liability under s 16(2) of the Act, with the consequence that Ports of Auckland cannot be liable vicariously.

Solicitors:
Gellert Ivanson, Auckland for Appellant
Fortune Manning, Auckland for Respondent