Marine & Transport Cases

Date Name of the matter Citation/Court Detail
11/06/2010 Alstom Limited v Liberty Mutual Insurance [2010] FCA 588 Marine insurance. Gas turbine transformers damaged during sea voyage. Claim for production of documents in possession of Indian manufacturer relevant to packing
02/12/2009 Westina Corporation Pty Ltd v BGC Contracting Pty Ltd and Keys [2009] WASCA 213 Appeal allowed. Cross appeal dismissed. Negligence established. Neither BGC nor its driver entitled to indemnity
23/12/2008 Westina Corporation Pty Ltd v BGC Contracting Pty Ltd and Keys [2008] WADC 183 Collision on road to mine site between Westina's prime mover and trailer of approaching BGC road train. Prime mover hired to BGC. BGC driver negligently failed to keep trailer on correct side of road. Indemnity in hire contract. BGC and driver of road train held entitled to benefit of the indemnity
08/06/2006 Allison Pty Ltd v Lumley General Insurance Ltd ("Pilbara Pilot") [2006] WASC 104 Marine insurance. Loss of vessel in cyclone. Whether claim excluded because vessel not moored on cyclone proof mooring.
13/01/2006 Skinner v Broadbent [2006] WASCA 2 Car crash. Whether keys removed from ignition of moving car. Credibility finding. Adequacy of reasons for decision
06/10/2005 Frame v Woodside Energy Ltd [2005] AATA 997 Seafarers' compensation. Whether production vessel an off-shore industry mobile unit
20/05/2005 Commissioner Main Roads v Jones

[2005] HCA 27

(2005) 79 ALJR 1104

Roads authority. Liability for failure to erect signs warning of straying wild animals in Kimberley region of Western Australia
11/03/2005 Allison Pty Ltd v Lumley General Insurance Ltd [2005] WASC 37 Marine insurance. Legal professional privilege. Implied waiver by statement in affidavit in interlocutory application
16/11/2004 Allison Pty Ltd v Lumley General Insurance Ltd [2004] WASC 232 Marine insurance. Detail required in list of documents for which privilege claimed by insurer
29/10/2004 Hume v Total Marine Services [2004] AATA 1135 Seafarers' compensation. TAFE lecturer.
26/05/2004 Insurance Commission of Western Australia v Container Handlers Pty Ltd

[2004] HCA 24

(2004) 78 ALJR 821

 Compulsory third party injury motor vehicle insurance. Meaning of "directly caused by, or by the driving of, the vehicle".
21/05/2004 Allison Pty Ltd v Lumley General Insurance Ltd [2004] WASC 98 [2004] WASC 99 Marine insurance. Duty of good faith. Limitation period.
28/08/2003 Capka v BHP Petroleum Pty Ltd [2003] AATA 845 Seafarers’ Compensation / psychiatric injury.
16/06/2003 Mermaid Marine v Tamboritha Consultants Commercial Arbitration Charterparty. Alleged indemnity for loss of ROV
05/08/2003 Gibbs v Mercantile Mutual Pty Ltd

[2003] HCA 39

(2003) 214 CLR 604

 Marine insurance. Liability cover. Meaning of the "sea".
14/04/2003 Abbott v Balcomb [2003] WADC 80 Collision between prime mover and car-caravan. Fatal accident. Injury. Property damage.
20/11/2002 Jones v Commissioner of Main Roads

[2002] WASCA 307

 Negligence. Liability of road authority for animal hazard.
12/04/2002 Westrac Equipment Pty Ltd v "Assets Venture"

[2002] FCA 440

(2002) 192 ALR 277

 Marine. Goods lost at sea. Bailment. Negligence. Bill of lading.
08/03/2002 Allison Pty Ltd ("Pilbara Pilot") v Lumley General Insurance Ltd [2002] WASC 41 Marine insurance. "Cyclone proof mooring". Good faith.
29/08/2001 Mercantile Mutual Insurance v Gibbs & Ors

[2001] WASCA 271(2001) 24 WAR 453

 Marine insurance
20/04/2001 Nocifora v The Ship "Osprey" Supreme Court of WA Marine. Application for leave to bring action
17/01/2001 Benson-Brown v HIH Casualty & General & Allied Insurance Brokers [2001] WASC 6 Marine insurance. Boat burned to water line. Non-disclosure.
21/04/1999 Morrell v Harford & Gibbs & Paraglide Pty Ltd District Court of WA Marine insurance. Public liability. Appeal to Full Court of WA allowed [2001] WASCA 271
04/03/1999 Brambles v WMC Engineering Services WA Full Court Road. Transport contract. Incorporation of terms. Bailment.
19/01/1998 WMC Engineering Services v Brambles Supreme Court of WA Road. Interest on judgment. Costs.
31/10/1997 WMC Engineering Services v Brambles Supreme Court of WA Road Negligence. Transport of goods. Bailment.
06/02/1997 Cape Lambert Services Pty Ltd (In Liq) v QBE Insurance & Mercantile Marine Insurance Supreme Court of WA Marine. Loss of hire. Damage to vessel.
02/05/1996 Cape Lambert Services Pty Ltd (In Liq) v QBE Insurance & Mercantile Marine Insurance Supreme Court of WA Marine. Loss of hire. Damage to vessel.
22/05/1995 Selfe v Western Helicopters Pty Ltd District Court of WA Aviation accident
05/04/1995 Brambles v WMC Engineering

WA Full Court (1995) 14 WAR 239

 Road. Discovery
03/06/1992 WMC v Brambles Supreme Court of WA Road. Negligence. Bailment
06/04/1992 Hawker de Havilland v Barabas Supreme Court of WA Aviation. Dispute over possession of aircraft. Injunction
04/03/1992 Dilosa v Stirling Marine Supreme Court of WA Marine, Procedure
26/02/1990 Associated Minerals et al v Secretary, Department of Transport & Communications Administrative Appeals Tribunal Marine. Administrative law review. Freedom of information. Lost vessel MV Singa Sea
22/06/1984 Hunt & Baird v Cartwright Industries District Court of WA Aircraft crash. Workers’ compensation.
04/05/1984 Hoffman & Son v Moffett WA Full Court [1984] ATR 80-579 Road. Negligence. Motor vehicle damage.