PNSL Berhad v The Owners of the Ship 'Koumala' [2007] QSC 101 (19 April 2007) COLLISION – towage contract - negligence, breach of duty by servants or agents of defendants - breach of contract - whether tug was seaworthy - whether collision occurred “whilst towing” - meaning of “position” - whether liability limitation in United Kingdom Standard Conditions is void by s68 of Trade Practices Act 1974 (Cth) - whether the warranties implied by s74 of Trade Practices Act 1974 (Cth) apply.
Topaloglu v P & O Nedlloyd Ltd [2006] QSC 17 (1 February 2007) PRACTICE & PROCEDURE - summary judgment proceeding - adjournment application - opposition to adjournment - whether any additional evidence overcomes time bar provided by Art 3, r 6 of Amended Hague Rules or discharge of liability clause in Bill of Lading clause.
2006
Acquired Insights Pty Ltd v the Ship ‘Bobsled’ [2006] QSC 13 (31 October 2006) Application to amend relevant person on a writ in Form 6 of the Admiralty Rules 1988 (Cth) – Australian Shipping Register indicates owners of the ship are 3 companies – two of companies are deregistered – application of s601AD of the Corporations Act 2001.
Topaloglu v P&O Nedlloyd Ltd [2006] QSC 17 (1 February 2006) Contract of carriage, goods forfeited by Turkish customs, application for summary judgment, respondent/plaintiff sought adjournment to gather further evidence, adjournment opposed on basis that plaintiff could not overcome fact that application brought outside time limits in bill of lading and Article 3 r6 of the Hague Rules, although it was difficult to see how adjournment could help overcome time limit in bill of lading it was granted as plaintiff posted security
Fortuna Seafoods P/L (Trustee for the Rowley Family Trust) v The Ship Eternal Wind [2005] QSC 4 (14 January 2005) NEGLIGENCE – ECONOMIC LOSS - Two ships collided. Fortuna Fishing – owner of one of the boats brought action. Then a related company (Fortuna Seafoods) brought a claim for loss of profit it would have earned from processing and selling seafood that it obtained from the first company, its agent. Negligence of owner of other ship not in issue here. Simply, whether a duty of care was owed to a company in the position of Fortuna Seafoods where its claim is simply for economic loss arising out of the damage to Fortuna Fishing's vessel. Discussion of principles, proximity. Judgment for the plaintiff.
R v Daoed [2005] QCA 458 (9 December 2005) Appellant convicted of people smuggling, vessel sank when attempting to illegally bring 300 persons to Australia – resulting in large-scale loss of life, appeal against sentence of 9 years, sentence not excessive and appeal dismissed, appellant motivated by greed and not just altruism, aware of dangers of overcrowded vessel
Wicks & Ors v New Westcoaster Pty Ltd & Ors [2005] QSC 76 (22 March 2005) Vessel suffered structural defects in its construction, marine surveyor had been retained to inspect construction of vessel and report to financier – financier’s payments to builders were subject to surveyor’s reports, whether surveyor’s reports were misleading or deceptive, held that not misleading or deceptive having regard to the limited nature and scope of retainer
2004
Beadman v Lee & Ors [2004] QSC 445 (16 December 2004) MORTGAGE - SHIPPING REGISTRATION REGULATIONS 1981(CTH) - Vessel registered under Shipping Registration Act 1981 (Cth). Mortgagee held bill of sale over vessel with equity of redemption – not a registered mortgage under the Act. Mortgagee sold vessel (to a third party) at an auction. Mortgagor refused to sign a transfer of the vessel to the third party. Whether applicant (mortgagee) had an entitlement to sell the vessel; power of the Court under Shipping Registration Regulations 1981 (Cth), regulation 24. Mortgagor ordered to execute a transfer in accordance with the Regulations.
Rigney v Browne & Anor [2004] QSC 265 (25 August 2004) NEGLIGENCE, DAMAGES - Plaintiff asleep in a boat moored by the river, at night. Speedboat struck the dinghy, plaintiff injured. Plaintiff argued defendant was going too fast; breach of common law duty, of Transport Operations (Marine Safety) Regulation 1994 (Qld), Transport Operations Marine Safety Act 1994 (Qld), International Regulations for Preventing Collisions at Sea 1972 (Cth) (as scheduled to the Navigation Act 1912 (Cth)). Defendant denied responsibility, arguing plaintiff boat was moored unlit in a navigable area of the river at the darkest time of the night. Apportionment of liability –plaintiff awarded damages (reduced by 10%). Assessment of damages.
Rosshaven
v Mitchell [2004] QSC 8 Contract to repair ship, failure to make vessel seaworthy
for amount stated, trade practices and contract claims,
counterclaim
Solway
v Lumley General Insurance Ltd & Ors [2003] QCA
136 (28 March 2003) Marine insurance, boat lost at sea, breach of implied warranty that any adventure will be carried out in lawful manner – s47 Maring Insurance Act 1909 (Cth), failure to register vessel in Queensland, reasonable excuse for failing to register – registered under NSW and Commonwealth law
2002
Glancy
v McPhail [2002] QSC 221 Plaintiff fell off top deck of houseboat, whether breach
of duty of care, expert evidence of marine surveyor
PNSL
Berhad v Deutsche Morgan Grenfell Leasing P/L & Ors
[2001] QSC 429 (15 November 2001) Collision between ship and tug, towage, standard conditions of contract of towage, construction of UK Standard Towage Conditions, whether collision occurred ‘whilst towing’, whether tug in ‘position to receive orders direct from the hirer's vessel to pick up ropes’, Trade Practices Act 1974 – consumer protection – whether implied warranty in towage contract, whether exclusion of warranty by UK Standard Towage Conditions, whether UK Standard Towage Conditions void, limitation of liability
Nautilus
Australia Ltd v The Ship "Rossel Current" [1999]
QSC 39 (9 March 1999) Whether valid action in rem, application to strike out Writ of Summons, writ defective for non-compliance with requirements of the Admiralty Act 1988 (Cth), application to strike out arrest warrant for vessel, whether ‘sham sale’, whether ‘real owner’
Binns
v Kealley & Ors [1996] QSC 94 Application to correct name of defendant and extension
of time, plaintiff seriously injured from diving off
boat, misnamed defendant, misled by defendant and misinformed
by Department of Harbours and Marine
R
v Olney [1996] QCA 327 (6 September 1996) Jurisdiction of criminal law, murder on high seas, applicability of Criminal Code s14A, Admiralty Offences (Colonial) Act 1849 ( UK) s1, Merchant Shipping Act 1894 ( UK) s686
Richardson & Ors
v Radford & Ors [1996] QCA 554 Regulation of pilot services under Queensland Marine
Act, secretaries appointed by the Marine Board, whether
fiduciary relationship between secretaries and pilots,
passing off, misleading and deceptive conduct
Richardson & Ors
v Radford & Ors [1995] QSC 85 Regulation of pilot services under Queensland Marine
Act, secretaries appointed by the Marine Board, whether
fiduciary relationship between secretaries and pilots,
passing off, misleading and deceptive conduct
1994
Ocean Industries Pty Ltd (receivers and managers appointed) v The Owners of the Ship MV ‘Steven C’ [1994] 1 Qd R 69 Admiralty jurisdiction – availability of action in rem, previous action in personam against shipowners, meaning of ‘relevant person’, meaning of ‘person who would be liable’, Admiralty Act 1988 (Cth) ss 3(1) & 17, costs & fees & expenses in admiralty, whether costs relating to release of ship following arrest are incidental to action
1993
Rae v Salvage Pacific Ltd [1993] 2 Qd R 580 Costs, ship arrested to answer claim for seamen's wages, mortgagees obtaining release of ship, liability of mortgagees for seamen's costs of arrest and release
1990
Teys Bros (Beenleigh) Pty Ltd v ANL Cargo Operations Pty Ltd [1990] 2 Qd R 288 Carriage of goods by sea, goods damaged in container, action for damages against wrong defendant, application to amend writ to substitute new defendant, need for ‘misnomer’ and not merely mistake as to identity, prior course of dealing between parties that particular form of bill of lading issued, terms of that bill of lading govern new transaction where no bill of lading, Sea-Carriage of Goods Act 1924 (Cth) s4, Hague Rules Article III r 6, nature and effect of time bar
1988
AMEV Finance Limited v Mercantile Mutual Insurance (Workers’ Compensation Limited (No. 2) [1988] 2 Qd R 351 Marine insurance, fire insurance, lease of yacht, measure of indemnity, persons with limited interests, lessee of vessel undertaking to repair it and indemnify the lessor in respect of loss stemming from the loss or destruction of the vessel, lessor and lessee insured under policy ‘for their respective rights, title and interests’, what interests insured, whether insurer discharged by compromise with lessee alone
Barameda Enterprises Pty Ltd v O’Connor [1988] 1 Qd R 359 Collision, negligence, fishing vessel proceeding at night with deck lights illuminated, no watch maintained, whether collision occurring without actual fault or privity of owner, limitation of liability of owner, whether claim for wreck removal expenses capable of limitation, whether interest allowable on limitation amount, whether special practice as to costs, Navigation Act 1912 (Cth) s333 &335(1)(b) & Schedule 6 Article 1(1) – The International Regulations for Preventing Collisions at Sea 1972 rr 13, 17, 18, 20(b)
Port of Brisbane Authority v Santos Limited [1988] 1 Qd R 645 Wharfage and other charges, harbour dues payable on loading by owner of goods, whether f.o.b. seller or buyer liable for harbour dues, meaning of ‘f.o.b.’, Harbour Act 1952 ss 126(1)(a) & 127
1986
Davidson v. J S Gilbert Fabrications Pty Ltd [1986] 1 Qd R 1 Damage to yacht during repairs, vessel economically repairable, sale of damaged vessel for salvage value, diminution in value exceeding cost of repairs , whether recoverable damages limited to cost of repairs
1985
L & M Electrics Pty Ltd v State Government Insurance Office ( Queensland) [1985] 2 Qd R 370 Marine insurance, insurance against ‘loss of earnings’ of vessel if prevented from ‘continuing in service’, vessel under charter when insurance effected, cover not limited to earnings and service under time charter
Wood v Associated National Insurance Company Ltd [1985] 1 Qd R 297 Marine insurance, whether loss due to insured's ‘wilful misconduct’, absence of corrupt intention to bring about loss, reckless exposure to peril despite probable consequences, whether loss attributable to or proximately caused by perils of the sea, Marine Insurance Act 1909-1973 (Cth) ss 61(1) & 61(2)(a)
1984
Craig v Associated National Insurance Co Ltd [1984] 1 Qd R 209 Marine insurance, total destruction of vessel by fire, denial of liability by insurer, allegation of ‘wilful misconduct’, deliberate setting of fire, burden and standard of proof, Marine Insurance Act 1909 s61(1)(a)
Gaggin v Moss [1984] 2 Qd R 513 Master of vessel made an admission at public marine inquiry, whether public document, whether admissible against shipowner, Queensland Marine Act 1958-1979 ss 187 & 188, liability of master and owner, limitation of liability – whether actual fault or privity of owner, Convention Relating to Limitation of Liability of Owners of Sea-Going Ships 1957 Articles 1 & 6, Navigation Act 1912 (Cth) ss 104 &333, collision damage – rate of interest
Jeffery v Associated National Insurance Co Ltd [1984] 1 Qd R 238 Marine insurance, loss of vessel, denial of liability by insurer, vessel scuttled by persons unknown, cover included ‘loss caused by persons acting maliciously’, meaning of ‘maliciously’, whether onus on insured to negative complicity in scuttling
1983
Ex parte North Brisbane Finance and Insurances Pty Ltd [1983] 2 Qd R 684 Mortgage of ship, registered as required under Commonwealth Act, whether registration under State Act also required, State Act declaring unregistered mortgage void
1982
Tucker v Riverside Coal Transport Pty Ltd, ex parte Tucker [1982] Qd R 181 Environment protection, discharge of oil during transfer operation from ship, liability of owner and master of ship, defences – unintended discharge due to leakage, nature of ‘leakage’, Pollution of Waters by Oil Act 1973 ss 9 & 10 & 12
1981
Visscher Enterprises Pty Ltd v Southern Pacific Insurance Company Ltd [1981] Qd R 561 Marine insurance, valued time policy insuring fishing vessel against perils of sea and fire, determining when contract of insurance concluded, duty to disclose material circumstance before contract concluded, non-disclosure, materiality, Marine Insurance Act 1909 (Cth) ss 24 & 27
