Lloyd's Maritime and Commercial Law Quarterly
ADMIRALTY IN WONDERLAND
Danzas v. Hally Press
An aeroplane is not a ship.1
Even a seaplane is not a ship.2
Despite the beguilingly simple and settled nature of this proposition, the New Zealand Court of Appeal recently had to reconsider it in the highly unusual context of whether a Warsaw Convention claim, which was brought against an aircraft in the admiralty jurisdiction, was time-barred.3
In holding
1. The Glider Standard Austria SH 1964
[1965] P 463; [1965] 2 Lloyd’s Rep 189; Emerald Airways Ltd
v. Nordic Oil Services Ltd
1996 SCLR 86; 1996 SLT 403; Transpac Express Ltd
v. Malaysian Airlines
(18 June 2002) AD 36-SD99 (HC Auckland).
2. Watson
v. RCA Victor Co Inc
(1934) 50 Ll L Rep 77; Polpen Shipping Co Ltd
v. Commercial Union Assurance Co Ltd
[1943] 1 KB 161.
3. Danzas AG
v. Hally Press Ltd
(2004) 17 PRNZ 181.
CASE AND COMMENT
303