High Court of Australia
baa | ORIGINAL "* NoT oN Awl | IN THE HIGH COURT OF AUSERALIA.
Lists OF | . ON-LINE | :
| FREDERICK LEYLAND. AND. COMPANY. LIMITED Vv
and | UNION STEAM SHIP COMPANY OF NEW | ZEALAND LIMITED
THE SHIP "KATRANGA"
THE SHIP "EMPIRE STAR".
eta
REASONS FOR JUDGMENT. | i \ | i | ' J 4 Judgment delivered at, ... MELBOURNE. y 1 Grom, Govt, Prat, Mab, >> on... MONDAY 17TH MARCH. 1941. << cuss |
Bare An y LAGE MY.
FREDERICK LEYLAND AND COMPANY LIMITED
THE SHIP "KATRANGA"
and
UNION STEAM SHIP COMPANY OF NEW ZEALAND LIMITED
ve
THE SHIP "EMPIRE STAR".
DECREE. Pronounce the collision in question in these Consolidated Suits to have been oceasioned by the default of the Master and crew of the motor vessel "Empire Star" | and by the default of the Master and crew of the ship "Kairenga" and prenounce that the loss or damage caused by the collision ought to be apportioned equally between the respective owners of the said two ships or vessels. Condemn the owners of the "Empire Star" in a molety of the damage or loss caused to the "Kairanga"™ and the ASS owners of the "Kairanga" in a moiety of the damage caused
to the "Empire Star" by the collision.
Refewit to the Principal Registrar to assess such
loss or damage and report the amounts thereof. dé
FREDERICK LEYLAND AND COMPANY LIMITED
THE SHIP "KATRANGA"
AND
UNION STEAM SHIP COMPANY OF NEW ZEALAND LIMITED
THE SHIP "EMPIRE STAR".
JUDGMENT DIXON J.
FREDERICK LEYLAND AND COMPANY LIMITED.
UNION STEAM SHIP COMPANY OF NEW ZEALAND LIMITED.
These are consolidated suits in Admiralty between the owners of the Motor Vessel "Empire Star" and the owners of the ship "Kairanga™. The former
are to be considered plaintiffs and the latter defendants {
in the proceedings.
~ The two ships collided in Sydney Harbour on the night of 7th March, 1940, and the responsibility for the collision is the matter for determination, It happened at about seven or eight minutes past eleven, somewhere in the water between Millers 'Point end the Harbour Bridge. The "Empire Star", a large vessel about 524 feet long with a displacement, as then loaded, of 13,500 tons, was outward bound and had come from Darling Harbour round Millers Point. The "Kairanga", a smaller vessel about 324 feet in length and then displacing perhaps 6000 tons, was inward bound end had passed under the Bridge
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