Home Information for practitioners Admiralty and maritime matters

Admiralty and maritime cases - New Zealand

Listing by year (including catchwords)

2007

Keybank National Association v The Ship “Blaze” [2007] NZHC 27 (9 February 2007)
ADMIRALTY AND MARITIME – priority of securities over ocean-going vessel – interrelation of Ship Registration Act 1992 (NZ) and Personal Property Securities Act 1999 (NZ)
Sovereign Yachts (NZ) Limited v Hanover Group Holdings Limited [2007] NZHC 260 (3 April 2007)
ADMIRALTY AND MARITIME – practice and procedure - application for sale of vessel – whether outside scope of substantive relief sought by plaintiff – whether separate proceedings required

2006

Birkenfeld v Kendall [2006] NZHC 255 (21 March 2006)
ADMIRALTY AND MARITIME – practice and procedure – application for transfer of proceedings from Wellington to Auckland
PRACTICE AND PROCEDURE – application for adjudication of non-discriminatory costs scheme – whether costs should not be awarded against plaintiff in any event
Ocean Towing Salvage (Vanuatu) Ltd v Custom Fleet NZ Ltd [2006] NZHC 1481 (30 November 2006)
ADMIRALTY AND MARITIME – application for summary judgment – whether plaintiff can maintain action for wrongful arrest and conversion where vessel arrested after failure to provide first registered mortgage in satisfaction of guarantee

2005

Birkenfeld v Kendall [2005] NZHC 1 (30 August 2005)
ADMIRALTY AND MARITIME – practice and procedure – discontinuance of claim against one of multiple defendants – application for summary judgment on cross-claim of defendant

2004

Dairy Containers Ltd v Tasman Orient Line CV (New Zealand) [2004] UKPC 22
interpretation of damage limitation clause in bill of lading, Hague Rules

Danzas A G v Hally Press Ltd & Gallus Ferd Reusch A G [2004] NZCA 88
admiralty jurisdiction, proceedings in relation to carriage of cargo by air framed as an admiralty action, not a nullity because could be transferred to general jurisdiction of High Court

2003

Attorney-General v Wright & Ors [2003] NZCA 48
negligent survey of ship

Opua Ferries Ltd & Anor v. Fullers Bay of Islands Ltd (New Zealand) [2003] UKPC 19
registration of ferries

2002

Alan James Hume and Lynette & Anor v Auckland Regional Council [2002] NZCA 167
public use of jetties

Det Norske Vertas AS v Straight Arrow Holdings (The Clarabelle) [2002] NZCA 129 ; [2002] 2 Lloyd's Rep 479 CA (NZ)
exception to the rule against re-arrest because of inadequate security, inappropriate and contrary to international admiralty practice for judge to exercise broad discretion on application for re-arrest

Pacifica Shipping Limited v Centreport Limited [2002] NZCA 168
wharf lease, prime necessity

Tasman Orient Line CV v Dairy Containers Limited (The "Tasman Discoverer") [2002] NZCA 135; [2002] 2 Lloyd's Rep 528
interpretation of damage limitation clause in bill of lading, Hague Rules

2001

CRA3 Industry Association & Anor v The Minister of Fisheries & Ors [2001] NZCA 103
marine reserves, interference with commercial fishing, role of ministers

Fullers Bay of Islands Limited v Northland Regional Council & Ors [2001] NZCA 14
application for conditional leave to appeal to Privy Council, registration of ferries

Quay Stevedoring Services Ltd v Enza Limited [2001] NZCA 300
tender process contract for loading cargo, whether offer or invitation to treat

The Queen v Mark James Mathers [2001] NZCA 193
fishing boat sank and 3 crew members died, no Ship Safety Management Certificate, effect of breach of Marine Rules

2000

Fullers Bay of Islands Limited v Northland Regional Council & Ors [2000] NZCA 393
registration of ferries

Sea-Tow Limited v Grey District Council [2000] NZCA 86
barge broke from moorings, contributory negligence, improper mooring and negligent construction of mooring facility

1999

AO Karelrybflot v Arthur Udovenko [1999] NZCA 331
arises out of same facts as Kareltrust v Wallace , claim for seamen's wages

Canterbury Regional Council v Dong Won Fisheries Company Limited [1999] NZCA 278
whether informations alleging breach of s 65(1)(a) Maritime Transport Act 1994 (relating to pilot ladders) can only be laid by Director of Maritime Safety

John Phillip Dorn v Maritime Safety Authority of New Zealand & Anor [1999] NZCA 199
whether ship stranded and obstruction to navigation in river, s 110 Maritime Transport Act 1994

Kareltrust v Wallace and Cooper Engineering (Lyttelton) Limited and Wallace and Cooper Engineering Limited [1999] NZCA 111
admiralty jurisdiction, difference between statutory claim in rem and maritime lien, forfeiture of vessel to Crown

Manukau City Council v. Ports of Auckland Limited and Others (New Zealand) [1999] UKPC 38
what was included in port company plan

The Queen v Howard Jonathan Hare [1999] NZCA 263
manslaughter, collision of jet ski and runabout

Vostok Shipping Co Limited v Confederation Limited [1999] NZCA 220
proceedings in rem, admiralty jurisdiction, beneficial ownership of ship

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