Darter v Diden; Darter v Yanto; Darter v Mansibu [2006] SASC 152 (24 May 2006) UNLAWFUL FISHING – foreign fishing vessel conducting commercial fishing in Australian Fishing Zone – respondents fined five dollars each and deported to Indonesia – whether manifestly inadequate sentence – although relevant, the defendant’s inability to pay a fine should not be decisive – seriousness of crime and deterrence also need to be considered – principle and precedent required a higher fine.
2005
Centrestate Exports Pty Ltd v Amarantos Shipping Co Ltd [2005] SASC 158 (22 April 2005) Plaintiff sought damages for losses sustained from the collision between the defendant’s bulk carrier and the jetty, carrier was being navigated by a pilot employed by South Australian Ports Corporation, defendant admitted that the negligence of the pilot caused the collision but it then applied for leave to withdraw that admission, leave refused, plaintiff would suffer prejudice if withdrawn, no good reason to withdraw shown
D & H
Investments Pty Ltd & Anor v Wagner (t/as) Wagner's
Boatworks) & Anor [2005] SASC 51 (17 February 2005) Question of Law reserved for
determination of Full Court whether District Court had
jurisdiction to hear and determine the plaintiffs’ claim – Plaintiffs instituted
proceedings in tort and contract in District Court – Second
defendant sought an order that proceedings be stayed or
dismissed for want of jurisdiction – Proceedings
involved "a claim in respect of the construction of
a ship" and this was a "general maritime claim" in
Admiralty jurisdiction – Construction of s 8 of the
District Court Act – Section 8(1) generally confers
upon the District Court the same jurisdiction as the Supreme
Court – Section 8(1)(a) qualifies the grant of jurisdiction
in s 8 itself by withholding from the District Court the
Supreme Court’s jurisdiction in Admiralty, but does
not prohibit the District Court from exercising Admiralty
jurisdiction derived from another source – Lack of
conferral of Admiralty jurisdiction upon the District Court
by s 8 of the District Court Act itself does not constitute
a "limitation as to jurisdiction" to which the
vesting of federal Admiralty jurisdiction is subjected
by s 39(2) of the Admiralty Act – A provision purporting
to prohibit the exercise of federal jurisdiction invested
in a State Court is not a "jurisdictional limit" within
the meaning of s 39(2) of the Admiralty Act – Either
it is beyond the legislative competence of South Australian
Parliament to preclude the District Court from being vested
with federal jurisdiction in Admiralty, or a law purporting
to do so would be inconsistent with s 9 of the Admiralty
Act – Question of law reserved answered "yes".
Emily
Krstina (Aust) P/L v State of SA [1999] SASC 251 (30 June 1999) Negligence of public authority, approval from the Department of Marine and Harbors for use as a long-line vessel (purse-seiner), whether duty to inform the plaintiff of potential problems, if was a duty whether it was discharged
Norsworthy & Encel v SGIC
[1999] SASC 496 (30 November 1999) Marine insurance, boating accident, claims for damages for personal injury and loss of property, applicability of Marine Insurance Act 1907 (Cth) and Insurance Contracts Act 1914 (Cth), whether s 51 of Insurance Contracts Act conferred a right on the plaintiffs against insurer, ‘marine adventure’, whether at common law plaintiffs were directly entitled to claim the benefit of any insurance indemnity in favour of insured
1997
State Government Insurance Commission v Lane (1997) 68 SASR 257 Marine insurance, losses and measure of indemnity, whether injured party was being towed, whether craft was operated in an unsafe manner, whether insurer entitled to rely on exclusions, costs
C Clausen Dampskibs-Rederi A/S v The Ship ‘ Om Alqora’ [No 1] (1985) 38 SASR 481 Action in rem, claiming cost of fuel and food supplied to ship by agents for ship, whether claim for necessaries or for balance of running account, whether arrest of ship justified
C Clausen Dampskibs-Rederi A/S v The Ship .. Om Alqora" [No 2] (1985) 38 SASR 494 Arrest of ship by Marshal pursuant to warrant of arrest, liability for expenses of party issuing warrant and solicitors for that party, powers of Marshal to take steps for supply of provisions to crew, harbour dues, and preservation of ship
Marben Pty Ltd v Alexander (1985) 39 SASR 150 Vessel under way proceeding slowly to berth at wharf collides with berthed vessel, no negligence in navigation of vessel, collision due to sudden unexpected failure of portion of gear mechanism, owner of berthed vessel suing owner of vessel under way for damages, onus of proof of negligence
1984
Atco Industries (Aust) Ltd v Ancla Maritima SA (1984) 3 5 SASR 408 Writ claiming damages for damage to goods in transit by sea, issue of writ for service outside Australia, failure to obtain leave to issue writ, whether a nullity, irregularity
Sunderland Marine Mutual Insurance Co Ltd v Minister of Marine (1984) 38 SASR 194 Fishing vessel sinking at sea, deliberately done by skipper, investigation by court of marine inquiry, owners and insurer of vessel permitted to intervene in inquiry, costs of inquiry, order that insurer pay proportion of costs, appeal by insurer, whether order a ‘decision of the court’, whether any justification for order for costs against insurer
1982
General Motors-Holdens Pty Ltd v The Ship ‘ Northern Highway’ (1982) 29 SASR 138 Proposed action in rem against two ships outside jurisdiction, whether leave to issue writ required, whether service of the writ in rem could be effected outside jurisdiction of Supreme Court
Hayel Saeed Anam & Co v Eastern Sea Freighters Pty Ltd (1982) 7 SASR 200 Service of writ outside jurisdiction, writ claiming damages for breach of contract and/or duty in carriage of goods by sea, allegation that defendants outside Australia were owners and in control of ship
1980
Dalgety (Aust) Ltd v Griffith [No 2] (1980) 26 SASR 257 Discharge of oil from vessel, complaint for offence made against agent for ship, agent not shown to be responsible for ship's management, penalty, Prevention of Pollution of Waters by Oil Act 1961-1979 s5
Schultz v Pettitt (1980) 25 SASR 427 Operating a boat without due care, owner permitting five-year-old daughter to put boat in motion, boat starting suddenly and owner thrown backwards, boat out of control and running ashore, whether owner operated boat, underway, whether possible for owner to be convicted as aider and abettor when infant daughter incapable of committing offence
1978
Skoljarev v Skandia Insurance Co Ltd (1978) 18 SASR 20 Marine insurance, fishing vessel sinking at sea in consequence of unexplained sudden rapid entry of sea water into engine room, whether unseaworthy condition, whether failure to maintain proper surveillance of engine room, whether loss caused by a peril of the sea
1977
Kali Boat Building & Repair Pty Ltd v ‘Bosna’ (1977) 19 SASR 112 Writ claiming moneys due for work done on and materials supplied to vessel, warrant of arrest against vessel, vessel registered in register of British ships in South Australia, transfer of ownership of vessel before issue of writ but not registered until after issue of writ, owners of vessel domiciled and work done in South Australia, whether action cognizable in Admiralty jurisdiction of Supreme Court, Admiralty Court Act 1840 (UK) s6, Admiralty Court Act 1861 (UK) ss 4 & 5
