Hally Press Ltd and Anr v Danzas AG and Ors - High Ct of New Zealand (Harrison J) - 15 July 2003

Carriage of goods by air - Action for damage to goods wrongly commenced in admiralty jurisdiction within two-year limitation period - Action subsequently transferred to court's general jurisdiction - Whether proceedings a nullity

In December 1999 the plaintiff bought a printing press from Switzerland. The defendants arranged to fly the press to Auckland. The contract of carriage was subject to the Warsaw Convention and had a two year time limit for bringing "an action". On arrival in New Zealand, the press was found to be badly damaged. On 12 December 2001, within two years of the date of damage to the press, the plaintiff issued proceedings in the admiralty jurisdiction of the New Zealand courts claiming repair costs. The proceedings were intituled "In Admiralty" and as "Admiralty Action In Rem and In Personam". The statement of claim cited "the aircraft registered as N542MC" as first defendant, in order to obtain a right in rem against the aircraft itself. The statement of claim pleaded causes of action in contract, bailment and negligence.