TASMAN ORIENT LINE CV v NEW ZEALAND CHINA CLAYS AND OTHERS (THE “TASMAN PIONEER”)

[2009] 2 Lloyd's Rep. 308

COURT OF APPEAL OF NEW ZEALAND

Before Justice Chambers, Justice Baragwanath and Justice Fogarty

Carriage by sea — Deck cargo damaged following vessel’s grounding — Master failing to alert authorities of grounding and instructing crew to lie about incident — Whether carrier in breach of contract of carriage — Whether carrier entitled to rely on exemption of negligence in navigation or management of ship — Hague-Visby Rules, article IV, rule 2(a).