Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hingston v Pacific Tug (Australia) Pty Ltd [2012] FCAFC 119 Citation: Hingston v Pacific Tug (Australia) Pty Ltd [2012] FCAFC 119
Appeal from: Hingston v Pacific Tug (Australia) Pty Ltd [2011] AATA 761 Hingston v Pacific Tug (Australia) Pty Ltd [2012] AATA 277
Parties: MURRAY JAMES HINGSTON v PACIFIC TUG (AUSTRALIA) PTY LTD
File numbers: NSD 2114 of 2011 NSD 683 of 2012
Judges: RARES, BUCHANAN AND KERR JJ
Date of judgment: 21 August 2012
Catchwords: ADMIRALTY – seafarers compensation – ship provisioned, bunkered and crewed at one Australian port to undertake charterparty commencing at another Australian port – charterparty providing for ship to sail to overseas destination and return to Australia – seaman injured in second Australian port while preparing to begin chartered voyage – whether seaman injured when ship proceeding on an overseas voyage
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Navigation Act 1912 (Cth) ss 2, 6, 10 Seafarers Rehabilitation and Compensation Act 1992 (Cth) ss 3, 4, 9, 19, 26, 78
Cases cited: Tiwi Barge Services Pty Limited v Stark (1997) 78 FCR 218
Date of hearing: 21 August 2012
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 14
Counsel for the Applicant: Mr L King SC with Mr H Halligan
Solicitor for the Applicant: WG McNally Jones Staff Lawyers
Counsel for the Respondent: Mr R Derrington SC with Mr A Harding
Solicitor for the Respondent: Norton Rose Australia
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