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Aotearoa International Ltd v Scancarriers A/S - [1985] 1 NZLR 513

$30.00

High Court Wellington
7, 8, 9, 10, 13, 14, 15, 16, 17, 30 June; 1 July; 17 August 1983
Wallace J
Court of Appeal Wellington
27, 28, 29, 30 August; 28 September 1984
Cooke, McMullin and Somers JJ
Privy Council Wellington
24, 25, 26 June; 18 July 1985
Lord Keith of Kinkel, Lord Roskill, Lord Brightman, Sir John Megaw and Sir Owen Woodhouse
Contract — Formation — Implied terms — Carriage of goods by sea — Negotiations for carriage of waste paper by ship from New Zealand to India — Telex from shipping company on 3 February agreeing to a freight rate which would be held until 29 July — One cargo shipped — Shipping company then refused to carry any more cargo — Whether binding contract had been concluded that shipping company would make shipping space available for the waste paper until 29 July — Whether shipping company was liable in damages.
Contract — Lien — Carriage of goods by sea — Shipping company's normal bill of lading provided that freight was earned on receipt of goods — At goods' destination, freight had not been paid — Goods were not unloaded — Shipping company sold goods to defray costs — Whether shipping company was entitled to sell the goods — Whether shipping company had obtained a reasonable price.

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