Frank Stewart Dethridge Memorial Address 1991: The Negligent Pilot and the Himalaya Clause - A Saga of Disagreement
Publicado 1991-10-26
Palabras clave
- pilotage,
- compulsory pilotage,
- wharf and harbour damage,
- negligence,
- vicarious liability
- Navigation Act 1912,
- Himalaya clause,
- statutory duty,
- Hague Rules 1924,
- carrier liability,
- time bar,
- third party liability,
- exemption clause,
- the 'Eurymedon',
- the 'New York Star',
- liability of servants, agents or independent contractors employed by a carrier,
- bills of lading ...Más
Resumen
In this address, Malcolm traverses a number of significant cases on the topics of negligent pilotage and Himalaya clauses, including Oceanic Crest Shipping Co v Pilbara Harbour Services Pty Ltd (1986) and New Zealand Shipping Co Ltd v AM Satterthwaite & Co Ltd (The 'Eurymedon') (1975). Malcolm explores some of the fundamental disagreements on these matters as between the Court of Appeal of New Zealand, the High Court of Australia, and the Privy Council, and how later decisions have dealt with the questions that arise from the handling of these topics.
This copy of the address was originally published in Volume 9, No 1 of the MLAANZ Journal (1993).