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Yachting New Zealand Incorporated v Birkenfeld – Court of Appeal of New Zealand (Hammond, O’Regan and Ellen France JJ) – 9 August 2006
Limitation of liability – Windsurfer severely injured in collision with rigid inflatable boat – Owners of rigid inflatable boat applying for limitation decree – Whether rigid inflatable boat a “ship” – Whether owners entitled to limitation decree – Whether party opposing limitation liable to pay costs
(2007) 708 LMLN 1
In 2002 a collision occurred between a rigid inflatable boat (“RIB”) owned by Yachting New Zealand (“YNZ”) and a windsurfing board ridden by Ms Birkenfeld. Ms Birkenfeld was severely injured and claimed damages against YNZ totalling $15 million.
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Michael Daiches, Barrister
Jan 10 2007
