Admiralty & Maritime Cases - Tasmania

Listing by year

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

2009

Inco Ships Pty Ltd v Barber [2009] TASSC 55 (31 July 2009)
CRIMINAL LAW – sentence – sentencing orders – fines – amount – corporation fined under Commonwealth law – increased maximum fine for corporation.

2006

Morton v State of Tasmania [2006] TASSC 62 (29 August 2006)
ACCIDENT AT SEA – negligence – rescue – appellant took vessel to assist respondent’s vessel – vessel damaged and appellant injured on return – appealed decision dismissing his claim – whether call for assistance careless or intentionally false – whether failure to maintain vessel – appeal dismissed.

Hanlon v Hanlon [2006] TASSC 1 (19 January 2006)
Boating accident resulting in death of plaintiff’s husband and son, defendant liable for their deaths due to negligent driving, also liable for plaintiff’s anxiety disorder

2003

Burnie Port Corporation Pty Ltd v Bank of Western Australia Limited and Anor [2003] TASSC 73 (22 August 2003)
Power of port authority to enter agreements under Marine Act 1976

Burnie Port Corporation Pty Ltd v Bank of Western Australia Limited & Anor [2003] TASSC 132 (5 December 2003)
Costs

Tuna Tasmania Pty Ltd v Allison [2003] TASSC 4 (20 February 2003)
Applicant sought order that respondent show cause why caveat on ship should not be removed, breach of fiduciary duties, constructive trust

2002

Burnie Port Corporation Pty Ltd v Bank of Western Australia Ltd [2002] TASSC 66
Application to be joined as defendant, power of port authority to enter agreements under Marine Act 1976

Gahagan v Taylor Bros (Slipway & Engineering) Pty Ltd & Anor [2002] TASSC 115
Accident in hull of vessel being constructed in shipyard, nervous shock

Jones v Freeman [2002] TASSC 40
Injury of plaintiff on vessel anchored in Derwent River struck by runabout

2000

Dick v "The Percy & Jean" [2000] TASSC 140 (5 October 2000)
Marshal’s duties – preservation and management of arrested ship, Marshal applied for directions, some deterioration unavoidable

1999

Coles Bay Marina Pty Ltd v Hawkins, Janet and Mitchell, Cynthia [1999] TASSC 75
Judicial review, application to develop marina

Western Holdings, CDC Nominees v Tasmania (State of) [1999] TASSC 92
Licensing of boats to operate in Tasmanian Wilderness World Heritage Area, National Parks and Wildlife Act 1970

1998

Jones, Robert William v Bass Express Ships Limited and Brambles Australia Limited [1998] TASSC 22
Workers' compensation claim of waterside worker, defendant's application to withdraw admission of employment denied

P & D Bulte Pty Ltd v Seafare Australia Pty Ltd [1998] TASSC 23
Application for summary judgment for money due under deed, dispute over standard of repairs to vessel

R v Pirimona, Lawrence Stuart [1998] TASSC 136
Leave to appeal acquittal for receiving stolen property including a boat

1997

Rhein- Flugzeugbau GmbH v Sea Wing International Pty Ltd [1997] TASSC 135
Order for preservation of property, delivery of vessel into interim custody of sheriff for storage in secure container

1996

Dockside Fitness Pty Ltd, Michael Anthony Jackson and Jonathon William Michael Jackson v Brian Woods [1996[] TASSC 142
Action in contract, tort, promissory estoppel, Fair Trading Act, failure to permit plaintiff to occupy crew position on yacht in Sydney-Hobart race provided for in sponsorship agreement

Graeme Swards trading as Hobart Shipping Agencies v The Owners of the Ship "Pyungwha 36" [1996] TASSC 118
Demise charterer, claim for disbursements, vessel arrested, jurisdiction, application for writ to be dismissed, application to set aside service of writ, application to amend writ, Admiralty Rules (Cth) – Rule 15, interpretation of ‘relevant person’ and ‘owner’

Muir Engineering Pty Ltd v Ken Petith [1996] TASSC 32
Claim for money due for repair and modification of fishing vessel

Paul Allison and Apai Pty Ltd v The Owners of the Ship "Greshanne" [1996] TASSC 3 
Action in rem, arrest of vessel, action for price of ship is not capable of being the subject of a proprietary maritime claim where possession/title/ownership of vessel not in issue

1995

Russell Ashby Pargiter v Vincent Harley Alexander [1995] TASSC 632; (1995) 5 Tas R 158
Defendant's agent took a yacht in possession of the plaintiff, damages in trespass

1994

Brambles Holdings Ltd t/as Brambles Shipping v Pincott, Ralph William [1994] TASSC 54
Workers' compensation claim by waterside worker

Devine Shipping Pty Ltd v "BP Melbourne”, The Owners of the Ship [1994] TASSC 97; (1994) 2 Tas R 456
Application to set aside writ, what is required for transfer of ownership of unregistered ship

Weily's Quarries Pty Ltd v The Owners of the Ship “Brooked”; Devine Shipping Pty Ltd v The Owners of the Ship “Greshanne” (1994) 14 ACSR 186 (17 June 1994)
Security for costs, surrogate ship, claim for amount payable for the hire of vessel and damages for breach of the hiring agreement, counterclaim for breach of agreement

1993

Devine Shipping Pty Ltd v The Owners of the Ship “Greshanne” Bugg Gonion and Hughes Pty Ltd v The Owners of the Ship “Greshanne” [1993] TASSC 77 (3 August 1993)
Whether the defendant has paid into court the amount claimed leading to an order for release of ship, amount claimed includes claim for costs

Morrison, David v Brambles Holdings Ltd t/as Brambles Shipping [1993] TASSC 16 (8 March 1993)
Waterside worker injured driving prime-mover unloading containers from ship, application to extend time to commence proceedings for damages

1991

The Marine Board of Launceston v The Owners of the Ship “Cowrie” [1991] TASSC 10 (21 May 1991)
Claim for balance of repairs, ship under arrest, claim for interest