Tregidga v Pasma Holdings Pty Limited [2021] FCA 721

FEDERAL COURT OF AUSTRALIA

Tregidga v Pasma Holdings Pty Limited [2021] FCA 721 File number: NSD 1803 of 2017

Judgment of: REEVES J

Date of judgment: 28 June 2021

Catchwords: ADMIRALTY – where applicants made claim for damages against maritime electrical contractor arising from fire on board vessel – whether there was a breach of contract or breach of statutory guarantee or negligence with regard to the fire – whether respondent was liable for damage caused to vessel – whether applicants were owners of the vessel at the time of fire – whether applicants were parties to contracts relating to the electrical works conducted on the vessel – whether applicants were "consumers" for the purposes of s 60 of the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth) (the ACL) – whether the applicants were entitled to pursue a claim against the respondents under s 60 of the ACL without being parties to the contract – whether duty of care in tort was owed to the applicants by the respondent – whether scope of the duty of care owed by the respondent extended to taking steps to prevent fire – whether scope of duty of care affected by terms of contracts – whether there was a breach of duty of care – determination of causation – application dismissed

Legislation: Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) Civil Liability Act 2002 (NSW) Civil Liability Act 2003 (Qld) Shipping Registration Act 1981 (Cth) Trade Practices Act 1974 (Cth)

Cases cited: Air Tahiti Nui Pty Ltd v McKenzie (2009) 77 NSWLR 299; [2009] NSWCA 429 Alameddine v Glenworth Valley Horse Riding Pty Ltd (2015) 324 ALR 355; [2015] NSWCA 219 BH Australia Constructions Pty Ltd v Kapeller (2019) 100 NSWLR 367; [2019] NSWSC 108 Bradshaw v McEwans Pty Ltd (1951) 217 ALR 1 Council of the Shire of Sutherland v Heyman (1985) 157 CLR 424 Council of the Shire of Wyong v Shirt (1980) 146 CLR 40 Tomko v Palasty [2007] NSWCA 258 Graham Barclay Oysters Pty Limited v Ryan (2002) 211 CLR 540; [2002] HCA 54 Kuhl v Zurich Financial Services Australia Ltd (2011) 243 CLR 361; [2011] HCA 11 Lederberger v Mediterranean Olives Financial Pty Ltd (2012) 38 VR 509; [2012] VSCA 262 Lets Go Adventures Pty Ltd v Barrett [2017] NSWCA 243 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705; [2001] NSWCA 305 Perre v Apand Pty Ltd (1999) 198 CLR 180; [1999] HCA 36 Roads and Traffic Authority of New South Wales v Dederer (2007) 234 CLR 330; [2007] HCA 42 Schellenberg v Tunnel Holdings Pty Limited (2000) 200 CLR 121; [2000] HCA 18 Sullivan v Moody (2001) 207 CLR 562; [2001] HCA 59 Valve Corporation v Australian Competition and Consumer Commission (2017) 258 FCR 190; [2017] FCAFC 224 Voli v Inglewood Shire Council (1963) 110 CLR 74 Wilson v Darling Island Stevedoring and Lighterage Company Limited (1956) 95 CLR 43 Woods v Multi-Support Holdings Pty Limited (2002) 208 CLR 460; [2002] HCA 9