FEDERAL STEAM NAVIGATION CO. LTD. V. THE COMMONWEALTH OF AUSTRALIA

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IN THE HIGH COURT OF AUSTRALIA

FEDERAL STEAM NAVIGATION CO

LTD.

| | ; v. THE COMMONWEALTH OF AUSTRALTA | | i i REASONS FOR JUDGMENT | t

. 4. 4 Gourley, Gort, Print, Melb, ©.7108/51

FEDERAL STEAM NAVIGATION COMPANY LIMITED

Ve

THE COMMONWEALTH OF AUSTRALIA

ORDER

Appeal dismissed with costs

FEDERAL STEAM NAVIGATION COMPANY LIMITED

THE COMMONWEALTH OF AUSTRALIA

DIXON C.J. McTIERNAN J. FULLAGAR J.

\ ATOR J.

FEDERAL STEAM NAVIGATION COMPANY LIMITED

Ve

THE COMMONWEALTH OF AUSTRALIA

DIXON C.J.

McTIERNAN J. FULLAGAR J. KITPO

JUDGMENT

This is an appeal from an order of Kinsella Jd. made in an Admiralty suit adjudging the respondent, who was the defendant in the suit, entitled to recover from the appellant the loss suffered by the former in respect of damage caused to H.M.A.S. "Australia" in a collision between that vessel and the appellant's vessel,the steamship "Somerset". The suit had been instituted by the appellants for the purpose of recovering the damages suffered by it as a result of the collision, but this claim failed and the respondent's counterclaim succeeded.

At the time of the collision the "Somerset" was under compulsory pilotage whilst the "Australia", the flagship of Rear Admiral Eaton, was under the command of Captain Morrow. The former vessel is a single screw steamer of 5,670 tons net register and her overall length is 495 feet. The overall length of the "Australia" is 630 feet.

The collision between the two vessels took place on the southern side of Port Jackson in Woolloomooloo Bay whilst the "Australia" was endeavouring to berth, with her bows to the north, at the cruiser wharf. The erniser wharf, which runs north and south, is situated on Garden Island on

the eastern shores of the bay and almost immediately to the

north of the Captain Cook Dock, the entrance to which extends

from near the southern end of the wharf, westwards into the bay for a distance of approximately 450 feet. At the western extremity of the entrance to the dock is situated what is called Round Head and from this point the wharves, which line the remaining portion of the eastern shore of the bay, extend ain a general southerly direction for some 2,500 to 3,000 feet. The wharf running south immediately from Round Head is known as the fitting out wharf and, on the day of the collision, a frigate, the H.M.A.S. "Shoalhaven", was berthed there © with her stern approximately twenty feet south of Round Head. Mrs. Macquarie's Point constitutes the western headland of the bay and from this point to a position due west of Round Head the western shore of the bay runs a little east of south. Thereafter its course alters to a little west of south and it pursues that general direction until it reaches the narrow southern end of the bay. 'fhe four fathoms line on the western shore. of the bay between lirs. Macaquarie's Point and @ position west of Round Head runs approximately parallel to the shore line and distant about 150 feet from it.