TASMAN ORIENT LINE CV V NEW ZEALAND CHINA CLAYS AND OTHERS (THE 'TASMAN PIONEER')

摘要

Carriage by sea - Deck cargo damaged following vessel's grounding - Master failing to alert authorities of grounding and instructing crew to lie about incident - Whether carrier in breach of contract of carriage - Whether carrier entitled to rely on exemption of negligence in navigation or management of ship - Hague-Visby Rules, article IV, rule 2(a).rnThe appellant carrier, Tasman Orient Line CV (Tas-man Orient), operated a freight liner service from Auckland, New Zealand via Yokohama, Japan to Busan, South Korea. The respondent shippers contracted with Tasman Orient for the carriage of their goods as deck cargo on Tasman Pioneer from Auckland to Busan.