China Shipping (Australia) Agency Co Pty Limited v D V Kelly Pty Limited [2010] NSWSC 1556 (14 December 2010) Admiralty — Maritime claims — Jurisdiction — Appeal against decision of CTTT — Respondent importer of furniture products arranged through appellant shipping agent for transportation of furniture from Vietnam by sea on ocean vessel — Goods transported on carrier owned by principal of appellant — Goods arrived without incident but respondent retained goods for long period — Appellant charged respondent $8514 for hire of container in accordance with applicable tariff in bill of lading — Respondent paid $8514 to appellant — Brought proceedings in CTTT seeking order that appellant repay amount — CTTT made order sought by respondent on basis that fee charged by appellant constituted penalty — Appellant submitted CTTT did not have jurisdiction to make order as matter was maritime claim arising out of agreement relating to carriage of goods by ship — There could be no dispute that contract contained in bill of lading related to carriage of goods by ship and fell within definition of maritime claim — CTTT not court for purposes of Commonwealth Constitution s 77(iii) and thus not court within meaning of (CTH) Admiralty Act 1988 — CTTT decision vitiated by reason of CTTT having acted in excess of jurisdiction — Appeal allowed
The Elusive [2010] NSWSC 525 (20 May 2010) SHIPPING AND NAVIGATION - ships - arrest, possession and sale by mortgagee under chattel mortgage - ownership - registration - bill of sale - effect of the Security Interests in Goods Act 2005 (NSW) and Registration of Interests in Goods Act 1986 (NSW) - whether leave for in rem proceedings required pursuant to Corporations Act 2001 (Cth)
2009
Engert v Sydney Ferries Corporation [2009] NSWSC 1400 (11 December 2009) LIMITATION OF ACTIONS – postponement of the bar – extension of period – personal injury and compensation to relatives claims arising out of ship collision – solicitor’s failure to identify the relevant limitation period – no prejudice to the defendant – consideration of policy underlying limitation period
CSL Australia Pty v Formosa [2009] NSWCA 363 (11 November 2009) FEDERAL JURISDICTION – Federal jurisdiction exercised by State Courts – Admiralty and maritime jurisdiction – matter arising under a law of the Parliament.
NEGLIGENCE – duty of care – duty of ship owner and operator to stevedore – duty to exercise care in respect of the safety of stevedores coming on board ship in order to undertake loading and unloading – nature and scope of duty - relationship between obligations under the Occupational Health and Safety (Maritime Industry) Act 1993 (Cth) and the common law duty of care – no statutory cause of action – impact on duty of care of delegated legislation imposing conformable obligations on another person – Marine Orders Part 32 under Navigation Act 1912 (Cth) – Marine Orders do not terminate the duty of care.
NEGLIGENCE – breach of duty - breach in failing to sweep the iron ore slurry from the deck – breach in failure to direct use of other side of the deck - breach not a failure to warn - evidence before primary judge supported finding of breach.
Stapley v Towing Masters Pty Ltd t/as Dynamic Towing [2009] NSWSC 139 (12 March 2009) LIENS – Whether tow truck operator has general lien arising at law – whether operator has a special lien created by statute – whether tow truck operator is a common carrier – whether tow truck operator has an artificer’s lien – whether operator has lien for salvage.
2008
Rail Equipment Leasing Pty Ltd v CV Scheepvaartonderneming Emmagracht [2008] NSWSC 850 (18 August 2008) Whether Court had jursidiction on claims in respect of cargo damage caused by allegedly defective lashings.
Whether carrier entitled to an order pursuant to s 29(2) of the Admiralty Act.
Whether ouster clause in bill of lading effective
Whether arguable case for a contractual lien and claim pursuant to s 4(3)(f) of the Admiralty Act Whether carrier's claim a proceeding on a general maritime claim based on damage claimed to have been caused to the ship by cargo due to alleged defect in packing supplied by freight forwarder.
Whether proceeding is "proceeding on a maritime lien" pursuant to s 15 of the Admiralty Act and consideration of whether 'right in rem' available pursuant to s 17 of the Admiralty Act
Consideration of clauses 10(b), 11, 17 of BIMCO Liner bill of lading and Article IV rule 6 of the Hague Visby Rules
2006
Beckett v Newcastle Port Marine [2006] NSWSC 604 (20 June 2006) PERSONAL INJURY – employee injured on ship – potential duty of care of owner, charterer, and agent of charterer – extension of time limit.
Filipowski v Island Maritime Ltd [2006] NSWLEC 750 (15 December 2006) MARINE POLLUTION - Marine Pollution Act 1987(NSW) – pollution by crude oil - determination of appropriate penalty - quantity of escaped oil – onus of proof where guilty plea occurs – s 10 of Crimes (Sentencing Procedure) act 1999 ( NSW).
Guderjahn v Matilda Cruises Pty Limited and 1 Or; Matilda Cruises Pty Limited v Ledden [2006] NSWCA 107 (30 May 2006) collision between ferry and dinghy in Sydney Harbour injuring passenger on dinghy, apportionment of liability between operator of dinghy and ferry master, both were on incorrect side of navigation channel, failure to keep a proper lookout, Court of Appeal refused to draw distinction between degrees of negligence and therefore overturned District Court’s apportionment of liability 25% ferry/75% dinghy – apportioned evenly.
Lormine Pty Ltd & Anor v Xuereb [2006] NSWCA 200 (25 July 2006) NEGLIGENCE – plaintiff injured on dolphin watch cruise – travelling on foredeck did not pose an “obvious” risk – risk of rogue wave not inherent but avoidable with exercise of reasonable care and skill – waiver ineffective as ambiguous and its contractual impact was misrepresented.
Sea Containers Ltd v ICT Pty Ltd [2006] NSWSC 134 (14 March 2006) DEFECTIVE VESSELS – action against builders rejected at arbitration – appeal against arbitral award – appeal dismissed as not manifest error – arbitrators’ delay did not amount to procedural unfairness.
Sirius Shipping Corporation v The Ship Sunrise [2006] NSWSC 398 (10 May 2006) proceedings in rem as to who owns ship, sale of unregistered ship, possession passed to buyer in 2001, buyer entered into hire purchase agreement with financier, no evidence of transfer of ownership from seller to financier, sale completed and ownership passed with payment of cash even though shares (also part of purchase price) had yet to be transferred, Sirius’s 2003 deed which sought to include a retention of title after title had passed was invalid.
Smith v Perese & Ors [2006] NSWSC 288 (21 April 2006) personal injury while spearfishing, boat driven by first defendant proceeded over plaintiff resulting in amputation below knee, defendants pleaded contributory negligence by plaintiff in failing to: have a dive flag attached to float & to ensure that there was a dive flag on boat & to remain in proximity to boat, no contributory negligence – reasonable for plaintiff to consider that his float indicated his position for boat traffic, no voluntary assumption of risk, second defendant not liable as principal or employer or partner, Limitation Act and the Convention on Limitation of Liability for Maritime Claims 1976 limited defendant’s liability as the vessel in question could properly be regarded as a seagoing ship for the purposes of the Convention.
Thompson v Waterways Authority [2006] NSWSC 1395 (15 December 2006) ADMINISTRATIVE LAW – cancellation of hire and drive licence - whether there was denial of procedural fairness - whether the decision to cancel the licence was based on an error of law.
2005
BNP Paribas v Pacific Carriers Ltd [2005] NSWCA 72 (28 April 2005) Liability under contract of indemnity for misdelivery of cargo, assessment of damages, whether costs incurred in settling claim at arbitration recoverable and reasonable, contract of indemnity did not allow for recovery of legal costs.
Hill
v Commonwealth of Australia [2005] NSWCA 94 (5 April
2005) Collision of Australian
navy vessels in international waters, post-traumatic
stress disorder , alcohol dependency, causation, reasonable
forseeability, evidence. Held: It was open to the primary
judge to find that the collision may have played some
causal role in the appellant's alcoholism, but the judge
was not bound to find this, therefore no demonstrable
error.
Gutman v McFall [2004] NSWCA 378 (22 October 2004) NEGLIGENCE - Young boys hired a dinghy on the harbour. One boy took controls, one sat on edge. Scuba diver was injured by the dinghy - claimed damages for negligence. Judgment given for the plaintiff. Boy sitting on edge appealed against holding that he was vicariously liable. Discussion of Soblusky v Egan principle and Scott v Davis.Held Scott v Davis confined the principle in Soblusky v Egan to motor vehicles and that a dinghy is not a motor vehicle.
Pieter Hoekstra v Residual Assco Industries Pty Ltd & 2 Ors [2004] NSWSC 564 (25 June 2004) NEGLIGENCE – EMPLOYER/EMPLOYEE. Plaintiff marine engineer, was inspecting the boat. Floor plate at foot of ladder had been removed by servant/agent of one of defendants. Plaintiff descends ladder and misses footing - falls below floor level into bilge. Issue of who was employer. Defedant asserts plaintiff was not acting with reasonable care for his own safety, therefore no duty of care. Duty of care and breach established, no contributory negligence. Assessment of damages.
North
v Marina [2003] NSWSC 64 (3 March 2003) CONTRACTS
- GENERAL CONTRACTUAL PRINCIPLES - construction and
interpretation of contract - general principles - application
of general principles of construction to document containing
a plan - contra proferentem rule - REAL PROPERTY -
easements - grant under section
88K Conveyancing
Act 1919 - payment of compensation
2002
BNP
Paribas v Pacific Carriers Ltd [2002] NSWCA 379 (29
November 2002) Carriage of goods, bills of lading replaced by ‘split’ bills, bills could not be present at port of discharge, letter of indemnity, vessel arrested, bail or security for release, authority to sign letter of indemnity
Pacific Carriers Ltd v Banque Nationale de Paris [2001] NSWSC 900 Negligence, discharge of cargo without bills of lading, time charter, voyage charter, letters of credit, “to order” bills of lading, letter of indemnity, vessel arrested, arbitration, challenge to reasonableness of settlement, mis-delivery, implied indemnity
Hansen Development P/L v MMI Ltd & Anor [1999] NSWCA 186 (23 June 1999) Marine insurance, plaintiff suffered personal injuries through insured’s negligent operation of ‘wave sled ride’, applicability of Marine Insurance Act 1907 (Cth) and Insurance Contracts Act 1914 (Cth), no ‘sea’ involved, activity not specifically covered by policy, insurance broker liable for not arranging correct insurance
Rachel
Ann Lynch v The Vessel "Bryanna" [1999] NSWSC
955 (23 September 1999) Enforcement of mortgage over whole of vessel, Preferred Mortgage registered with US Coast Guard within definition of ‘mortgage’ in Admiralty Act 1988 (Cth) s3, defendant took ownership of vessel subject to the Preferred Mortgage, no equitable defences proved to prevent enforcement of mortgage
HIH
Casualty & General Insurance Limited v Waterwell
Shipping Inc & Anor 43 NSWLR 601 (19 June 1998) Marine insurance, nature of risks covered, vessel sank as sea valves negligently left open by crew and the wall of a strainer box failed due to corrosion, several proximate causes of loss, one proximate cause (negligence) covered by policy but another (wear and tear) was not, proximity in time is not the primary quality in determining proximate cause, insured entitled to recover where competing proximate causes and one is insured against and others not expressly excluded, wear and tear not expressly excluded but merely outside the cover
Great
China Metal Industries Co Ltd v Malaysian International
Shipping Corporation Berhad (1996) 39 NSWLR 683 (12 July 1996) Carriage of goods by sea, actions for loss or injury in transit, limitation of liability, exceptions to responsibility of shipowner, loss by ‘perils of the sea’ exception – not precluded where heavy weather reasonably foreseeable, distinguish US-Canadian view, Hague Rules Article IV r 2(c), burden of proving that shipowner is not entitled to the benefit of ‘perils of the sea’ exception due to negligence is upon the person so contending
1995
SEAS Sapfor Ltd and Another v Far Eastern Shipping Co (1995) 39 NSWLR 435 Plaintiff’s goods carried under bill of lading were delivered in damaged condition, wrong defendant sued, application to amend
1994
Baltic Shipping Co v Merchant Mikhail Lermontov (1994) 36 NSWLR 361 Cruise ship sank, carriage of passengers, passengers sign a release excusing carrier from all claims, release attached to settlements of baggage claim, Contracts Review Act, releases only effective with respect to baggage claims
Franke v CIC General Insurance Ltd (The Coral) (1994) 33 NSWLR 373 Loss of vessel under tow, marine insurance, unvalued policy, losses and measure of indemnity, insurable value, insurance premium and cost of towage deductible from sale price, whether towing charges ‘disbursements’, meaning of ‘fit’ – Marine Insurance Act 1901 (Cth), ss 22, 34, 73, 74.
1993
Bulk Chartering & Consultants Australia Pty Ltd v T & T Metal Trading Pty Ltd ‘The Krasnogrosk’ (1993) 31 NSWLR 18 Voyage charter, charterparty provide for carriage of cargo by sea and contained a clause providing for determination of any disputes by arbitration in London, dispute as to demurrage costs and freight and dispatch, parties agreed to arbitration in Sydney, whether award of Sydney arbitrator is null and void, whether s 9(1) of the Sea-Carriage of Goods Act 1924 (Cth) invalidated the agreement to arbitrate existing disputes under the charterparty
Caltex Refining Co Pty Ltd v BHP Transport Ltd (The Iron Gippsland) (1993) 34 NSWLR 29 Charterparty in the Shellvoy 5 form, tanker carried cargo of automotive diesel, loading and delivering cargo, failure to adopt sound system for carriage of goods, Hague-Visby Rules – Article III.2, voyage orders
Glebe Island Terminals Pty Ltd v Continental Seagram Pty Ltd (1993) 40 NSWLR 06 Carriage of goods by sea, liability of carrier where unauthorised delivery by employee, theft, exemption clause in bill of lading covered loss “howsoever caused: and extends to “fundamental breach of contract”, Himalaya clause extended exemptions to sub-contractor of carrier, terminal operator able to rely on clause as sub-contractor
1991
Carrington Slipways Pty Ltd v Patrick Operations Pty Ltd (1991) 24 NSWLR 745 Action for loss or injury of cargo, two bills of lading issued in respect of same cargo on same vessel, house bill with appearance of ocean bill issued by freight forwarder, ocean bill issues by actual carrier, limitation of liability through Himalaya clause, purchaser bound by limitation in ocean bill which protected stevedore, discussion of bills of lading – house bills v ocean bills
NSW Leather Co Pty Ltd v Vanguard Insurance Co Ltd (1991) 25 NSWLR 699 Marine insurance, passing of risk, lost or not lost clause, containerisation, goods stolen prior to loading, whether property and risk passed
R v Warner (1991) 25 NSWLR 382 Criminal law, culpable navigation causing death, navigating in manner dangerous to public, whether improper navigation includes overloading a vessel , Crimes Act 1900 s52B
1990
China Ocean Shipping Co Ltd v P S Chellaram & Co Ltd (1990) 28 NSWLR 354 Bill of lading, time limitation on commencing proceedings, Hague Rules Article III r 6, specific provision in contract of carriage prevails over general incorporation of Hague Rules, what constitutes delivery, mis-delivery equated with non-delivery, no obligation to inform opponent of expiration of time-limit – no estoppel
Gardner Smith Pty Ltd v The Ship Tomoe 8 (The ‘Tomoe 8’) (1990) 19 NSWLR 588 Demise charter, contamination of cargo, dispute between charterers and shipowners, where bill of lading issued for goods on chartered ship is transferred to the charterer as consignee or indorsee it does not affect the contractual relationship between shipowner and charterer which is governed by charter party
J Fenwick & Co Pty Ltd v The ‘Goldean Falcon’ Her Cargo Freight and Bunkers (1990) 24 NSWLR 611 Salvage, apportionment of remuneration between master and crew of salving vessel, Navigation Act 1912 (Cth) s 326, apportion according to differentials fixed by the appropriate industrial award, master may be entitled to an additional share in appropriate cases – due to extraordinary responsibility on them and a high degree of courage, skill and resourcefulness required of them
J Gadsen Pty Ltd v Strider 1 Ltd (The ‘AES Express’) (1990) 20 NSWLR 57 Time charterer informed disponent owners midway through voyage that they intended to cease operations, disponent owners withdraw vessel from time charter, whether disponent owners had a right to charge further freight to shipper of cargo, shipper pre-paid freight, restitution – equities of disponent owner not more compelling than those of shipper, disponent owners acted officiously
Mutual Export Corporation and Others v Asia Australian Express Ltd and Others (The ‘Lakatoi Express’) (1990) 19 NSWLR 285 Charterers’ bills, sub-chartering, repudiation by second sub-charterer, whether novation of charter party, withdrawal of vessel, no outstanding hire, obligations of third sub-charterer, whether lien upon sub-freights, whether lien dictated by public policy
Sonmez Denizcilik Ve Ticaret Anonim Sirketi v The MV ‘Blooming Orchard’ (The ‘Blooming Orchard’ [No 2]) (1990) 22 NSWLR 273 Voyage charterparty, proceedings in rem, charterparty included a clause proving for resolution of disputes by arbitration in London, charterparty was a ‘document relating to carriage of goods’, arbitration clause null and void due to Sea-Carriage of Goods Act 1924 (Cth) s 9(1)
1989
Brown Boveri ( Australia) Pty Ltd v Baltic Shipping Co (1989) 15 NSWLR 448 Carriage of goods, actions for loss or injury in transit, clauses limiting liability, Gold clause, Bill of lading incorporating Hague Rules, Hague Rules Article IV r 5, operation of Hague Rules in international setting relevant to interpretation
Gardner Smith Pty Ltd v The Ship Tomoe 8 (The ‘Tomoe 8’) (1989) 17 NSWLR 635 Claim by charterer against ship owner for breach of charter party resulting in damage to cargo was within admiralty jurisdiction, High Court as a Colonial Court of Admiralty, Colonial Courts of Admiralty Act 1890 (UK) s2(2), Admiralty Court Act 1861 (UK) s6, can be remitted to Supreme Court
1988
Australian Iron & Steel Pty Ltd and Another v Jumbo Scheepvaart Maatschappij (1988) 14 NSWLR 507 Vessel sank at berth, service out of jurisdiction, Rules of Court, private international law
Nissho Iwai Australia Ltd v Malaysian International Shipping Corporation (1988) 12 NSWLR 730 Duties and liabilities of carrier, action for loss or injury in transit, special contracts, interpretation of exclusion of liability clause, meaning of ‘delivered or made available’
1987
Ace Imports Pty Ltd v Companhia De Navegacao Lloyd Brasileiro (1987) 10 NSWLR 32 Time charter, action against the carrier for damages for breach of carriage & breach of bailment & for negligence in respect of short delivery, presumption arising from bill of lading as to quantity of goods shipped was rebuttable by evidence or shipping document, evidence that contents of container pillaged before container loaded on board, apparent from the face of the bill of lading that the carrier had no personal knowledge of the contents
LEP International Pty Ltd and Another v Atlanttrafic Express Service Inc and Others (1987) 10 NSWLR 614 Bill of lading signed by sub-agent of charterer’s agent, binding on shipowner, service outside the State, statutory authorisation of service, private international law
1986
Kaleej International Pty ltd v Gulf Shipping Lines Ltd (1986) 6 NSWLR 569 Time charter, binding effect of bill of lading, issued by time charterer, signed ‘for and on behalf of masters and owners as agents only’, terms of agency not established, signature not binding on time charterer, validity of demise clauses
Kim Meller Imports Pty Ltd v Eurolevant SPA and others (1986) 7 NSWLR 269 Carriage of goods by sea, goods not delivered, importer sues freight forwarder and charterer and ship owner, ship owner not a party to the bill of lading but sued as bailee of the goods for failure to safely keep and deliver them, clause in bill of lading provided that disputes to be referred to arbitration in London, whether clause rendered null & void by s9(2) of Sea-Carriage of Goods Act 1924 (Cth), Act not apply to third parties to a bill of lading, ship owner could therefore invoke the arbitration clause
1985
Candlewood Navigation Corporation Ltd v Mitsui Osk Lines Ltd and Another (1985) 3 NSWLR 159 Time charter, negligent damage to vessel in collision, charterer seeks loss or profits, whether economic or financial loss, charterer’s rights contractual not proprietary, time charterer not entitled to recover pecuniary loss caused by a third party’s damage to a chartered vessel
1984
Podmore and Another v Aquatours Pty Ltd and Others [1984] 1 NSWLR 111 Collision, negligence, when res ipsa loquitur available, duty of care, failure to equip properly, absence of bridge communication system, limitation of liability under Merchant Shipping Act 1894 (Imp) ss 503 & 504
1983
Associated Packaging Pty Ltd v Sankyo Kaiun Kabushiki Kaisha and Another [1983] 3 NSWLR 293 ‘On board’ bill of lading, acknowledgment of receipt of goods in apparent good order and condition, carrier estopped from denying goods loaded on board when bill of lading issued and from denying goods were loaded in apparent good order and condition, Hague Rules – Articles III & IV
Mitsui Osk Lines Ltd and Another v The Ship ‘Mineral Transporter’ [1983] 2 NSWLR 564 Collision between ships, loss of hire of ship, hire days lost by strike action, economic loss – loss of profits, foreseeability, proximity
1982
Maritime Services Board of New South Wales v Posiden Navigation Incorporated [1982] 1 NSWLR 72 Oil pollution of navigable waters, cleaning up operations by Maritime Services Board, right to recover from ship owner, includes wages for permanent employees of Board, Prevention of Oil Pollution of Navigable Waters Act 1960 ss7E(3) & 8(2)
Namchow Chemical v Botany Bay Shipping Co (Aust) Pty Ltd [1982] 2 NSWLR 523 Disponent owner of a merchant vessel chartered the vessel to a carrier, bills of lading issued by sub-charterer, bills incorporating terms of voyage charterparty, bills indorsed to third party, indorsee sued carrier for damages for short delivery, contract of affreightment
The Ship ‘Texaco Southampton’ v Burley and Others [1982] 2 NSWLR 336 Salvage, who is salvor, crew of tug employed to tow, where tug services are provided under a contract to tow making no provision for salvage and the role of the tug and crew is limited to the performance of that contract then neither the crew nor the tug has rendered voluntary services and they are not entitled to an award as salvors.
1981
Burley and Others v The Ship Texaco Southampton [1981] 2 NSWLR 238 Salvage, who is salvor, crew of tug towed the immobilised oil tanker in course of employment, element of danger, quantum of remuneration, costs, interests
1980
Anderson’s (Pacific) Trading Co Pty Ltd v Karlander New Guinea Line Ltd [1980] 2 NSWLR 870 “Uniform Time-Charter”, transport of frozen goods – defrosted on arrival, demise clause, in reality a time charter, personal liability, interest – unexplained delay in service of writ
1979
Schlederer v The Ship ‘Red Fin’ [1979] 1 NSWLR 258 Collision in harbour between motor launch and yacht, helmsman of launch negligent, contributory negligence by helmsman of yacht, launch owner liable to yacht owners, statutory limitation on liability, accident occurred without the ‘actual fault or privity’ of the launch owner, Merchant Shipping Act 1894 (Imp) s503, failure of helmsman of launch to be licensed not causally connected with collision
1978
Gamlen Chemical Co (A’sia) Pty Ltd v Shipping Corporation of India Ltd [1978] 2 NSWLR 12 Carriage of goods, damage caused by heavy weather and inadequate stowage, statutory exception cannot prevail against carrier's negligence, Sea-Carriage of Goods Act 1924-1973 (Cth) – Schedule (Hague Rules) Articles III r 2 & IV r 2(c), Hague Rules not an exhaustive code to be considered independently of cases prior to its enactment
1977
J Gadsen Pty Ltd and Another v Australian Coastal Shipping Commission [1977] 1 NSWLR 575 Ship chartered by owner to carrier, bills of lading signed on behalf of carrier not ship or shipowner, goods water damaged in transit, action of bailment or for negligence by consignees of goods against shipowner, shipowner not entitled to exemption from damages because not a party to bill of lading, Hague Rules Article III r 6
Maritime Services Board of New South Wales v Australian Chamber of Shipping [1977] 1 NSWLR 648
Levying of tonnage rates, Sydney Harbour Rates Act 1904 s.12(1)&(3), declaration sought by unincorporated association of shipowners, declaration set aside, no contradictor
1975
R W Miller & Co Pty Ltd and Another v The Ship ‘Patris’[1975] 1 NSWLR 704 Collision between two ships in Sydney Harbour, action for damages, repairs to ship, demurrage, verdict for plaintiffs, reference to registrar to assess damages, rate of interest to which plaintiffs entitled
Rokov and Others v Bistricic [1975] 2 NSWLR 201 Personal injury caused to person being carried in a ship, limitation of liability of shipowners by operation of Imperial statute in force in NSW, s503 of the Merchant Shipping Act 1894 (Imp) is in force in NSW unaffected by the amendments made by the Merchant Shipping (Liability of Shipowners and Others) Act 1958 (Imp)
1974
Rokov and Others v Bistricic [1974] 2 NSWLR 143 Personal injury caused to any person being carried in a ship, limitation of liability of shipowners by operation of Imperial statute in force in New South Wales, Merchant Shipping Act 1894 (Imp) s503, Merchant Shipping (Liability of Shipowners and Others) Act 1958 (Imp) ss2(4) & 11
1973
Caltex Oil ( Australia) Pty Ltd v Howard Smith Industries Pty Ltd [1973] 2 NSWLR 89 Charterparty – owner made bulk tanker available to the charterer for three and a half years for the purpose of carrying crude oil from Australian ports to a bulk terminal in Botany Bay, ‘lay-time’ of 72 hours at port, demurrage to be paid by owner for delay except where caused by Acts of God or the Government or other circumstances beyond the control of the parties, strike action prevented the discharge of cargo in ‘lay-time’, charterer sought declaration that it not liable to pay demurrage to owner
Tyson v Cook [1973] 1 NSWLR 300 First fisherman trawling for prawns in river, second fisherman fishing from moored boat, failure by first fisherman to change course, necessity for second fisherman to draw anchor and move aside, prosecution of first fisherman for causing a nuisance in enclosed waters, no statutory right of way, ‘recognised hauling ground’ – s4(1) of Fisheries and Oyster Farms Act
1972
Minnesota Mining & Manufacturing ( Australia) Pty Ltd v The Ship ‘Novoaltaisk’ [1972] 2 NSWLR 476 Carriage of goods by sea, loading of fresh water into ship through wrong intake pipe caused damage to cargo, damage due to ‘neglect or default’ of servant of carrier ‘in management of the ship’ not due to failure of carrier to properly ‘equip and supply the ship’, carrier not liable to consignee of goods, Hague Rules Articles III r 1(a) & IV r 2(a)
