Admiralty & Maritime Cases - South Australia

Listing by year

A selection of cases (with links to full text where available)

2009

Harris v Police [2009] SASC 163 (6 June 2009)
MAGISTRATES - APPEALS AND REVIEW - South Australia - Appeal to Supreme Court - Principles on which Court acts.Appeal against sentence - appellant convicted on plea of guilty to aggravated operating a vessel without due care - magistrate recorded a conviction and appellant sentenced to twenty one days imprisonment, suspended - whether sentence manifestly excessive. Held: appeal allowed - while the offence of aggravated careless operation of a vessel causing death generally calls for a sentence of imprisonment, the court has a discretion in an appropriate case to impose a non-custodial penalty. Offending at lower end of the scale for an aggravated offence, appellant's culpability mitigated by environmental factors present on night of the offence - appropriate case for alternative penalty - appellant fined $5000.

2007 - 2008

No cases

2006

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collision but it then applied for leave to withdraw that admission, leave refused, plaintiff would suffer prejudice if withdrawn, no good reason to withdraw shown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".

2004

Amarantos Shipping Co Ltd v The State of South Australia [2004] SASC 276 (15 September 2004)
Compulsory pilotage, collision with jetty, liability for negligence of pilot, limitation of liability

Amarantos Shipping Co Ltd v The State of South Australia No. SCCIV-01-1492 [2004] SASC 57 (27 February 2004)
Liability for pilot negligence; collisions and limitation of liability

Coopers Brewery Ltd v Columbus Line Australia Pty Ltd No. SCCIV-02-1873 [2004] SASC 1 (13 January 2004) Time limitation, whether plaintiff’s claim extinguished by Carriage of Goods by Sea Act 1991 (Cth) which gives effect to the Hague-Visby Rules (Article III r 6) or by the Bill of Lading

2002

Scott v Williams & Ors No. SCCIV-98-1663 [2002] SASC 424 (20 December 2002)
Claim for damages for ship design and manufacture company trading whilst insolvent

2001

Hines Exports Pty Ltd v Mediterranean Shipping Company SA [2001] SASC 311 (29 August 2001)
Action by meat exporter against shipping company for damages following destruction of meat due to faulty nature of container supplied by defendant

Yancic v Australian Fishing Enterprises Pty Ltd No. SCCIV-98-1491 [2001] SASC 220 (29 June 2001)
Oral share fishing contract between operator and master of vessel duration and later variation of contract to extend term in respect of another vessel

2000

Hines Exports Pty Ltd v Mediterranean Shipping Co [2000] SADC 71 (26 June 2000)
Damage to cargo; negligence of shipper for container provided for shipment; defining cargo in bill of lading

1999

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

Mediterranean Shipping Co v Hines Exports No. SCGRG-98-1648 Judgment No. S52 [1999] SASC 52 (19 February 1999)
Negligence for ruined shipment

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

1996

Eyrewoolf Enterprises Pty Ltd Sea Transport Agreement 1996 [1996] SAIRComm 35 (1 March 1996)
Employee agreement

Ocean Marine- Tech Pty Ltd and Ors v BMW Australia Limited No. SCGRG 95/904, SCGRG 95/962 Judgment No. 5883 [1996] SASC 5883 (18 November 1996)
Warranty for faulty boat machine engines

Port Lincoln Marine Services Pty Ltd Agreement [1996] SAIRComm 107 (28 August 1996)
Employee agreement

1995

Port Lincoln Marine Services Pty Ltd Agreement [1995] SAIRComm 126 (22 August 1995)
Employee agreement

South Australia Ships Pty Ltd Enterprise Agreement 1994 [1995] SAIRComm 2 (12 January 1995)
Employee agreement

1994

The State of South Australia (Department of Marine and Harbors) v Adrian Kempster [1994] SAWCAT 52 (1 JULY 1994)
Worker's compensation for shipbuilder

1992

Andrews v Briar Maritime Services Pty Ltd [1992] SAIRComm 105 (12 October 1992)
Termination of employment

1985

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