Emery Air Freight Corporation v Nerine Nurseries Ltd - [1997] 3 NZLR 723

Carriage of goods — Carriage by air — Carrier — Nursery forwarding bulbs to The Netherlands — Nursery contracting with air freight agent to transport goods — Agent transporting goods by road to Auckland — Agent contracting with air freight company for international carriage — Goods damaged in Sydney while under control of international airline — Whether agent a “successive carrier” — Whether agent “the carrier who performed the carriage during which the . . . damage . . . took place” — If agent not “successive carrier”, whether it was the “contracting carrier” or the “actual carrier” — Carriage by Air Act 1967, s 7, First Schedule (Warsaw Convention 1929), art 30 and 30(3), Second Schedule (Guadalajara Convention 1961), art II.

Bailment — Bailee's duty of care — Carriage of goods — International carriage of goods by air — Goods damaged while in storage during transit — Whether common law action available when Warsaw Convention applicable — Carriage by Air Act 1967, s 7, First Schedule (Warsaw Convention 1929), art 30 and 30(3), Second Schedule (Guadalajara Convention 1961), art II.