Supreme Court of New Zealand Wellington
SC39/2009; [2010] NZSC 37
28, 29 October 2009; 16 April 2010
Elias CJ, Blanchard, Tipping, McGrath and Wilson JJ
SC39/2009; [2010] NZSC 37
28, 29 October 2009; 16 April 2010
Elias CJ, Blanchard, Tipping, McGrath and Wilson JJ
Commercial law — Carriage of goods by sea — Act or default of master — Deliberate deception by master as to where and how casualty occurred — Damage caused or exacerbated by failure to obtain assistance — Whether constituted barratry — Whether exception to carrier’s exemption wider than cases of barratry — Hague-Visby Rules, art 4.2(a).
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