Can A Master's Behaviour Disentitle Carriers From Relying on A Hague-Visby Defence?
Mondaq Business Briefing › Nbr. 2010, January 2010
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Can A Master's Behaviour Disentitle Carriers From Relying on A Hague-Visby Defence?
On 3 May 2001 the Tasman Pioneer grounded in Japanese waters on a dark and stormy night and much cargo was lost. Controversy arose from the post-grounding conduct of the master, which is described in New Zealand court judgments as 'selfish', 'outrageous' and 'reprehensible' and said to have caused the loss of deck cargo. Cargo interests asserted that such conduct disentitled the carrier from reliance on the defence ...
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