Australian and New Zealand Maritime Law Journal

2009: Conference Proceedings
Conference Presentations

The 'Tasman Pioneer': Tasman Orient Line CV v NZ China Clays Ltd & Ors [2009] NZCA 135

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  • Grace Rippingale

Published 2009-09-02

Keywords

  • The 'Tasman Pioneer',
  • Hague-Visby Rules,
  • act, neglect or default,
  • acts by master and crew,
  • negligence,
  • The 'Bunga Seroja',
  • due diligence,
  • carrier liability,
  • carrier obligations,
  • interpretation of conventions
    • ...More
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Abstract

This paper contains the slides for Rippingale's presentation about the recent Tasman Pioneer case, and particularly the application of art 4.2.a of the Hague-Visby Rules, which exempts the carrier and ship from liability for loss or damage to cargo where it arose or resulted from an act, neglect, or default of the master, marine, pilot or the servants of the carrier in the navigation or in the management of the ship.

Rippingale also discusses how the Hague-Visby Rules were approached and interpreted in the case of The Bunga Seroja (1998) 196 CLR 161.

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