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

[2010] 2 Lloyd's Rep. 13

SUPREME COURT OF NEW ZEALAND

Before Chief Justice Elias, Justice Blanchard, Justice Tipping, Justice McGrath and Justice Wilson

Carriage by sea — Deck cargo damaged following vessel’s grounding — Master failing to notify coastguard 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).