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Ports of Auckland Limited v Southpac Trucks Limited - SC 18/2009

Media releases

Summary

Civil Appeal – Carriage of Goods Act 1979 – Statutory Interpretation – Proper meaning of s 6 “not liable as such” – Whether Court of Appeal erred in its application of the statutory exemption conferred in s 6 of the Carriage of Goods Act – Whether Court of Appeal erred in its conclusion that fork lift operator negligently driving into truck and causing $60,000 damage was exempt from liability under s 16(2) of the Carriage of Goods Act with the consequence that Ports of Auckland Ltd could not be held vicariously liable.[2008] NZCA 573  CA 355/2007  22  December 2008

Result

Application for leave to appeal granted.
3 April 2009 
__________________________
Appeal allowed and the judgment of the High Court is restored. Appellant awarded costs of $15,000 together with reasonable disbursements. Costs order in the Court of Appeal is reversed.
30 October 2009

Hearing Transcripts

Related Documents

Court of Appeal decision — SOUTHPAC TRUCKS LIMITED V PORTS OF AUCKLAND LIMITED CA CA355/2007 22 December 2008

Leave judgment - leave granted — PORTS OF AUCKLAND LTD v SOUTHPAC TRUCKS LTD SC 18/2009 [3 April 2009] (PDF 13 KB)

Substantive judgment — PORTS OF AUCKLAND LIMITED v SOUTHPAC TRUCKS LIMITED SC 18/2009 [30 October 2009] (PDF 160 KB)