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Trial of proceedings for damages for negligence and breach of warranty under the TPA, arising from collision of tugboat and ship at sea; defendant tugboat unable to rely on UK Standard Conditions because the collision did not occur "whilst towing"; judgment for the plaintiff: Helman J.
Appeal Determined (QCA)
[2007] QCA 429 [2008] 1 Qd R 511
30 Nov 2007
Appeals dismissed with costs; appeal against findings at trial of negligence on the part of tugboat arising from a collision at sea with a ship; the learned judge at first instance was correct in concluding that towing had not commenced and the collision did not occur "whilst towing" within the protection of the Standard Conditions: Williams and Muir JJA and Daubney J.
Special Leave Refused (HCA)
[2008] HCATrans 246
18 Jun 2008
Special leave refused with costs; decision of QCA on question of whether a section 74(3) TPA was engaged is not attended by doubt and therefore the matter does not provide a suitable vehicle to explore questions of construction and application of the United Kingdom Standard Conditions: Gummow ACJ, Hayne and Kiefel JJ.
Appeal Status
Appeal Determined - Special Leave Refused (HCA)
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