Tasman Orient Line CV v New Zealand China Clays Limited

[2009] NZSC 70

IN THE SUPREME COURT OF NEW ZEALAND

SC 39/2009
[2009] NZSC 70

BETWEENTASMAN ORIENT LINE CV

Appellant

ANDNEW ZEALAND CHINA CLAYS LIMITED AND OTHERS

Respondents

Court:Elias CJ, Blanchard and Wilson JJ

Counsel:B D Gray QC for Appellant

P R Rzepecky and M A Flynn for Respondents

Judgment:1 July 2009 

JUDGMENT OF THE COURT

A.Leave to appeal is granted.

B.The approved grounds are:

(a)As the appellant’s ground, did the conduct of the Master following the grounding disentitle the appellant to the protection of Article IV, Rule 2(a) of the Hague Visby Rules?

(b)As the respondents’ additional grounds in support of the judgment of the Court of Appeal:

(i)Were the decisions of the Master following the grounding made bona fide for the safety of the ship, the crew and the cargo?

(ii)Did the conduct of the Master amount to barratry?

(iii)Did the appellant fail to discharge the onus of proving where the damage occurred and what caused it?

(iv)Did the appellant fail to establish that it was not at fault?

Solicitors:
DLA Phillips Fox, Auckland for Appellant
McElroys, Auckland for Respondents