Admiralty & Maritime Cases - Queensland

Listing by year

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

2020 

McConaghy v The Ship "MV2000" [2020] QSC 283 (14 August 2020)

2018 

Globex Shipping SA v Magistrate Mack [2018] QSC 138 (14 June 2018)

2016

Mount  Isa Mines Ltd v Port of Townsville Ltd [2016] QSC 112 (25 May 2016)
SHIPPING AND NAVIGATION –  NAVIGABLE RIVERS, HARBOURS, PORTS AND RELATED AREAS – HARBOUR TRUSTS AND BOARDS  AND MARINE BOARDS – PROCEEDINGS BY AND AGAINST – OTHER CASES – where the lessee  (MIM) of a berth was charged with collecting and passing on harbour dues owing  to the port authority (POTL) as lessor – where harbour dues had not been paid  to MIM and were unlikely to be paid at all because the debtor company had  entered liquidation – where POTL brought an action to recover the unpaid dues  from the lessee

CONTRACTS – GENERAL CONTRACTUAL  PRINCIPLES – CONSTRUCTION AND INTERPRETATION OF CONTRACTS – INTERPRETATION OF  MISCELLANEOUS CONTRACTS AND OTHER MATTERS – where the lease agreement appointed  MIM as agent of POTL and required it to “collect all harbour dues payable” to  POTL – where the agreement provided that MIM was to pay to POTL “all dues  collected by it” – where the agreement also contained terms which, among other  things, required MIM to report in writing any non-payment of the harbour dues  and required POTL to pay MIM the equivalent of 20 per cent of the value of the  dues that MIM had paid to it – whether MIM is liable to pay to POTL the  equivalent of the harbour dues which it failed to collect

2012

Far North Queensland Ports Corporation v Owners of the Ship [2012] QSC 87 (29 March 2012)
ADMIRALTY LAW - action under the Admiralty Act 1988 (Cth) - where ship not yet arrested - whether action in rem
ADMIRALTY  LAW - where buyer has paid purchase price but registration not transferred - whether equitable ownership has passed
ADMIRALTY LAW - where statutory charge levied - where failure to pay - whether there was a quasi-contractual relationship - whether payment could be withheld where unhappy with services

2010

Balnaves v Smith; Malone v Smith [2010] QSC 39 (23 February 2010)
SHIPPING AND NAVIGATION - COLLISIONS AND LIMITATION OF LIABILITY GENERALLY - NEGLIGENCE - CONTRIBUTION AND APPORTIONMENT UNDER STATUTE - where two boats collided whilst navigating a narrow channel at a river bend - determination of liability in actions for damages for personal injuries
LIMITATION OF ACTIONS - GENERAL MARITIME CLAIM FOR PERSONAL INJURIES - Whether the limitation period in the Navigation Act 1912 (Cth) s 396(1) applies - discretion to extend time

2009

No cases

2008

Peninsula Shipping Lines Pty Ltd v Adstream Agency Pty Ltd [2008] QCS 317 (5 December 2008)
PROCEDURE - DISCOVERY AND INSPECTION OF DOCUMENTS - PRODUCTION AND INSPECTION - GENERALLY - where the plaintiffs apply for disclosure of the defendants’ files in relation to proceedings brought in a Papua New Guinean Court - whether the documents should be disclosed as directly relevant to an in issue in the proceeding. PROCEDURE - SUPREME COURT PROCEDURE - PROCEDURE UNDER RULES OF COURT - TRIAL - OTHER MATTERS - where the plaintiffs apply, pursuant to rule 483 of the Uniform Civil Procedure Rules 1999 (Qld), for a separate determination of certain questions in the proceeding - whether these questions can be conveniently determined separately.
PROCEDURE - COSTS - INTERLOCUTORY PROCEEDINGS - ADJOURNMENT AND AMENDMENT - where defendants given leave to amend their defence and include a counter-claim - where the amended defence and counter-claim departs significantly from the case previously pleaded by the defendant - whether the defendants should pay the costs of and caused by the filing of the amended defence.

2007

PSNL Berhad v Dalrymple Marine Services Pty Ltd, PNSL Berhad v Owners of Ship ‘Koumala’ [2007] QCA 429 (30 November 2007)
SHIPPING AND NAVIGATION - COLLISIONS AND LIMITATIONS OF LIABILITY GENERALLY - LIMITATION OF LIABILITY - collision between tugboat and ship - finding at first instance that the collision was caused by negligence of appellant - whether exemption clause in contract applied - whether collision occurred ‘whilst towing’.
TRADE AND COMMERCE - TRADE PRACTICES ACT 1974 (CTH) AND RELATED LEGISLATION - TERMINOLOGY - OTHER WORDS AND PHRASES - collision between tugboat and ship - finding at first instance that the collision was caused by negligence of appellant - whether s 74 of the Trade Practices Act 1974 (Cth) applied - whether the towing contract was a contract for or in relation to the transportation of goods.

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.

Chief Executive Officer of Customs v Labrador Liquor Wholesale Pty Ltd & Others [2006] QSC 4 (6 February 2006)
TAXES AND DUTIES - evasion of customs and duties - falsely pretending goods being exported by shipments to Fiji and Solomon Islands where they were in fact imported.

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

Wood v Director (Maritime Safety) Maritime Safety Queensland [2006] QDC 362 (15 September 2006)
PRACTICE & PROCEDURE - stay application - balancing policies - financial hardship - public safety - whether proceeding should continue to a certain stage.

2005

Fortuna Seafoods v The Ship "Eternal Wind" [2005] QCA 405 (4 November 2005)
Negligence, economic loss, duty of care, fishing vessel sinks after collision, relator company to the owners of the fishing vessel claims for economic loss - processing and selling the owning company’s fish

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.

Harm v Winter Kerr & Ors [2004] QSC 10 (6 February 2004)
Commercial hull insurance policy, personal injury, liability of owner of vessel, ownership, indemnity clause

Ocean Harvester Holdings Pty Ltd v MMI General Insurance Ltd [2004] QCA 41 (27 February 2004)
Marine insurance, sinking of fishing trawler, whether plaintiff proved loss caused by ‘accident’ within terms of insurance policy, evidence of scuttling, burden of proof

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

2003

Glancy v McPhail [2003] QCA 263 (26 June 2003)
Plaintiff fell off top deck of houseboat, whether breach of duty of care, expert evidence of marine surveyor

Jessop v McInteer [2003] QCA 170 (24 April 2003)
On-sale of boats, breach of contract, entitlement to commission

MacFarlane v Heritage Corporation (Aust) Pty Ltd & Ors [2003] QSC 350 (20 October 2003)
Contract for sale of boat for trade dollars, misleading and deceptive conduct

Nicholls & Ors v Brisbane Slipways and Engineering P/L [2003] QSC 193 (26 June 2003)
Ship's captain killed in accident on ship off Western Australian coast, proper law in tort, limitation period

Ocean Harvester Holdings Pty Ltd v MMI General Insurance Limited [2003] QSC 262 (15 August 2003)
Marine insurance, plaintiff's vessel sank, plaintiff alleges that this was due to an `accident' within the terms of its policy, `perils of the sea', defendant alleges scuttling, burden of proof

PT Pelayaran Sumatra Wahana Perkhasa v Oxford Yachts Pty Ltd [2003] QSC 96 (11 April 2003)
Shipbuilding contract, penalty for delay, applicant sought to take possession of the vessels and take them out of the jurisdiction, security

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

Natcraft Pty Ltd & Anor v Det Norske Veritas & Anor [2002] QCA 284 (9 August 2002)
Liability of marine classification society, economic or financial loss, careless advice/statements and non-disclosure, whether reliance, whether duty of care

Pacific Petroleum Corporation v Nauru Phosphate Corporation [2002] QSC 389
Payment not made for cancellation of ship, application for stay, forum non conveniens

2001

Downs Investment P/L v. Perwaja Steel SDN BHD [2001] QCA 433 (12 October 2001)
Shipment of goods, condition of vessel, consequential losses, respondent had to sub-charter vessel to mitigate loss and charter a new vessel to deliver goods

Merrin & Anor v. Cairns Port Authority [2001] QCA 178 (15 May 2001)
Negligent construction and maintenance of marina which broke up during cyclone, ship sunk by floating debris

Mooloolaba Slipways Pty Ltd v The Owners of the Ship "Santa Maria" & Anor [2001] QSC 470 (10 December 2001)
Arrest of vessel, vessel damaged whilst in custody of marshal, liability for negligence whilst vessel under arrest, Marshal’s duty to preserve the ship

Natcraft Pty Ltd & Anor v Det Norske Veritas & Anor [2001] QSC 348 (27 September 2001)
Liability of marine classification society, economic loss from vessel’s inadequate construction, negligence, whether reliance, whether owed a duty of care

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

2000

Downs Investments Pty Ltd v Perwaja Steel SDN BHD [2000] QSC 421
Shipment of cargo, failure to get approval before chartering ship not breach of essential term, repudiation, damages

Nth Qld Conservation Council Inc v Executive Director, Qld Parks & Wildlife Service [2000] QSC 172
Development of harbour and associated works, Marine Parks Act, judicial review, standing

1999

Allen Ziebell and Irene Ziebell and Ziebell Holdings Pty Ltd v Aluminium Marine Consultants and Fabricators and Debis Financial Services (Australia) Pty Ltd [1999] QSC 351 (24 November 1999)
Urgent ex parte application, shipbuilders sought injunction to restrain the sale of a vessel, admiralty jurisdiction, defendant finance company asserted right as mortgagee exercising a sale, plaintiff not entitled to grant of injunction sought

KBRV Resort Operations Pty Ltd v Anthony & Sons Pty Ltd [1999] QSC 139 (30 June 1999)
Contract to build boat, arbitration clause

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’

1998

Consolidated Rutile v China Weal [1998] QSC 170
Payment linked to delivery of goods, shipping schedule changed, plaintiffs would sue for the price

Far North Queensland Electricity Board v Masterwood P/L [1998] QCA 431
Float plane collided with power line suspended over river and sank, Harbours Act, obstruction to navigation

Shipowners' Mutual Protection and Indemnity Assoc (Luxembourg) v Hodgetts & Anor [1998] QCA 88
Marine insurance, arbitration clause

Vehicles P/L and Anor v Wheeler [1998] QCA 122
Injury on fishing vessel, workplace health and safety, definition of "employer"

1997

Lennard v Ansett Transport Industries (Operations) P/L [1997] QSC 144
Plaintiff pushed off jetty, negligence

McElwee & Anor v Ansett Transport Industries (Operations) Pty Ltd [1997] QSC 164
Injury of resort guest by swinging boom of catamaran, failure of resort owner to warn of risks

1996

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

Taylor v State of Queensland [1996] QCA 320
Injury on boat, negligence, obstructions on deck

1995

Binns v AL & CR Farnham P/L [1995] QCA 341
Injury from diving off vessel, extension of limitation period

Bluecorp Pty Ltd & Ors v ANZ [1995] QCA 487
Proceeds of sale of ship, ownership and registration

O'Brien v NZI Insurance [1995] QSC 94
Commercial hull policy, constructive total loss

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