Conference Presentations
The Impact of the Decision in Port Jackson Stevedoring Pty Limited v Salmond & Spraggon (Australia) Pty Limited (the 'New York Star') on the 'Eurymedon' Doctrine : The New Zealand Shipping Company Limited v A.M. Satterthwaite & Company Limited (the 'Eurymedon')
Published 1978-10-13
Keywords
- limitation of liability,
- Himalaya clause,
- negligence,
- exemption clause,
- independent contractors
Abstract
As the title suggests, C.R. Carruthers' article examines the 'Eurymedon' doctrine, as derived from The New Zealand Shipping Company Limited v A.M. Satterthwaite & Company Limited, and how the doctrine has been altered by the findings in Port Jackson Stevedoring Pty Limited v Salmond & Spraggon (Australia) Pty Limited. In the original context, this doctrine was about stevedores availing themselves of exemptions under a bill of lading when the shipper has agreed the stevedore should receive those benefits, and the stevedore has performed work to the shipper's benefit.