Air New Zealand Ltd v The ship Contship America - [1992] 1 NZLR 425

Contract — Carriage of goods by sea — Goods lost overboard in storm — Bill of lading issued by charterer — Provisions limiting liability of carrier and its servants and agents — Action in rem by owners of goods against shipowner as bailee and in negligence — Whether shipowner able to take benefit of carrier's limitation of liability — Rule disentitling third party to benefit of contract — Whether exception to rule in contracts for carriage of goods by sea.

Shipping and navigation — Bill of lading — Goods lost overboard in storm — Bill of lading issued by charterer — Provisions limiting liability of carrier and its servants and agents — Action in rem by owners of goods against shipowner as bailee and in negligence — Whether shipowner able to take benefit of carrier's limitation of liability — Rule disentitling third party to benefit of contract — Whether exception to rule in contracts for carriage of goods by sea.

Practice and procedure — Stay of proceedings — Carriage of goods by sea — Goods lost overboard in storm — Bill of lading issued by charterer — Action in rem by owners of goods against shipowner as bailee and in negligence for damages — Bill of lading containing arbitration provision — Shipowner entering unconditional appearance in accordance with Admiralty Rules — Whether shipowner entitled to stay of proceedings on grounds that owner of goods bound by arbitration provision — Arbitration (Foreign Agreements and Awards) Act 1982, s 4 - Admiralty Rules 1975 (SR 1975/85), rr 7(2), 11, 13 and 29(4).