Southpac Trucks Ltd v Ports of Auckland Ltd – Court of Appeal of New Zealand (O’Regan, Robertson and Baragwanath JJ) – 22 December 2008
Carriage of goods by sea – Limitation of liability – Cargo of trucks carried from Australia to New Zealand – Truck driven off vessel by sub-contractor of stevedoring company – Truck colliding with forkhoist driven by employee of stevedoring company – Whether stevedoring company entitled to limit liability under Carriage of Goods Act 1979
The plaintiff (“Southpac”) ordered six trucks from Kenworth Trucks of Victoria, Australia (“Kenworth”), for delivery in Auckland. A non-negotiable seaway bill was generated, the parties to which were Kenworth, as consignor, and Southpac, as consignee. The carriage was undertaken by a division of CP Ships (UK) Ltd (“CP Ships”) and the trucks were carried on the vessel Rotoiti.
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Michael Daiches, Barrister
Jan 21 2009
