Yachting New Zealand Incorporated v Birkenfeld (No 2) - High Ct (Keane J) - 22 July 2005
Limitation - Collision between rigid inflatable boat and windsurfing board - Windsurfer sustaining severe personal injuries - Whether owner of rigid inflatable boat entitled to limit liability
On 8 August 2002 a rigid inflatable boat owned by the plaintiff ("YNZ") and driven by Mr Bruce Kendall, collided with a windsurfing board, ridden by the defendant (Ms Birkenfeld) off the coast of Greece. Ms Birkenfeld was severely injured, and claimed damages of $15 million from inter alios YNZ. The collision occurred just before an international windsurfing regatta, and Ms Birkenfeld, an American athlete, was about to take part in the regatta. YNZ applied under the Maritime Transport Act 1994 for a decree limiting its liability to a figure less than $400,000.
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Michael Daiches, Barrister
Jan 11 2006
