1978: Conference Proceedings
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.