Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Marine & Civil Construction Company Pty Ltd v SGS Australia Pty Ltd [2012] FCA 907 Citation: Marine & Civil Construction Company Pty Ltd v SGS Australia Pty Ltd [2012] FCA 907
Parties: MARINE & CIVIL CONSTRUCTION COMPANY PTY LTD (ACN 055 378 240) v SGS AUSTRALIA PTY LTD (ACN 000 964 278)
File number: NSD 1620 of 2008
Judge: SIOPIS J
Date of judgment: 24 August 2012
Catchwords: TRADE PRACTICES ACT – the plaintiff was required to transport a barge on which a crane was loaded, from Dampier to Koolan Island – the defendant, a marine surveyor, was retained to provide a survey report prior to the commencement of the tow of the loaded barge from Dampier to Koolan Island – the boom of the crane was secured to the barge by sea fastenings – the marine surveyor provided the plaintiff with a survey report – during the voyage the sea fastenings securing the boom of the crane failed and the crane was damaged - whether the marine surveyor made representations as to the suitability of the sea fastenings securing the boom of the crane to undertake the voyage from Dampier to Koolan Island.
Legislation: Trade Practices Act 1974 (Cth) ss 52, 82, Pt VIA ss 87CB, 87CB(3), 87CC, 87CD, 87CD(1)
Cases cited: Miller & Associates Insurance Broking Pty Ltd v BMW Australia Finance Limited (2010) 241 CLR 357 Butcher v Lachlan Elder Realty Pty Limited (2004) 281 CLR 592 Shrimp v Landmark Operations Ltd (2007) 163 FCR 510 James Hardie & Coy Pty Limited v Seltsam Pty Limited (1998) 196 CLR 53 Oceanic Crest Shipping Company v Pilbara Harbour Services Proprietary Limited (1986) 160 CLR 626 Gunston v Lawley (2008) 20 VR 33 McAskell v Cavendish Properties Limited [2008] VSC 328
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