Birkenfeld v Yachting New Zealand Inc - [2009] 1 NZLR 499

Practice and procedure — Declaratory judgment — Whether other cause of action required — Whether declaration should be made as to liability in negligence when respondents agreed to pay out maximum amount under statutory limitation provisions — Declaratory Judgments Act 1908.

Practice and procedure — Striking out proceedings — Whether proceedings to be struck out on grounds public policy factors favoured determination of cause of accident to promote public safety and to clear appellant’s name or whether proceedings to be stayed owing to statutory limitation of liability — Maritime Transport Act 1994, s 85.

Shipping and navigation — Negligent navigation — Whether policy behind limitation of liability justified striking out proceedings where maximum amount payable had been tendered to plaintiff — Maritime Transport Act 1994, s 85.

Tort — Negligence — Whether action in negligence permissible solely to clear plaintiff’s name.