Leave Judgment: Tasman Orient v NZ China Clays

TASMAN ORIENT LINE CV v NEW ZEALAND CHINA CLAYS LIMITED AND OTHERS SC 39/2009 [1 July 2009]

IN THE SUPREME COURT OF NEW ZEALAND

SC 39/2009
[2009] NZSC 70

BETWEEN TASMAN ORIENT LINE CV
Appellant

AND NEW 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?

ENDS

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