High Court of Australia
IN THE HIGH COURT QE AUSTRALIA
THE COMMONWEALTH OF AUSTRALIA
J. & A. BROWN AND ABERMAIN SEAHAM ~COLLIERIES..LED.~—-----~ —
REASONS FOR JUDGMENT 4
Judgment delivered. at . HB bo, Gn Pk, Me, on___WEDNESDAY, 15th "June, 1949.
THE COMMONWEALTH OF AUSTRALIA ve.
J. & A. BROWN AND ABERMAIN SEAHAM COLLIERIES LTD.
JUDGMENT WILLIAMS J.
THE COMMONWEALTH OF AUSTRALIA ve
J-_& A. BROWN AND ABERMAIN SEAHAM COLLIERIES LTD.
SUDGMENT WILLIAMS J.
The origin of this action was an accident which occurred in the course of the coaling of 8.8. "Ardent" by s.8. "Stockrington" on Monday, 15th April 1946. When the two ships were alongside each other the grab of the s.s. "Stockrington" filled with coal which was suspended above the deck of the s.s. "Ardent" suddenly fell from the chain to which it was attached on to the No. 3 winch of the s.s. "Ardent" completely smashing the winch and causing damage to her starboard lifeboat and deck and fittings. It is admitted that at the time of the accident the plaintiff was in possession of the "ardent", that the "Stockrington" was one of the defendant's colliers, and that the "Ardent" was damaged to the extent of £490. 8 3.
In the statement of claim the plaintiff alleged that the accident was caused by the defendant negligently failing to provide good and efficient equipment to carry out the coaling and that as a consequence of such negligence the grab carried away, fell and caused the damage complained ofs or alternatively that the defendant was negligent in the care, control and management of the grab and that as a consequence of such negligence the grab carried away, fell and caused the damage complained of. But at the hearing the plaintiff confined its claim to the first head of negligence. In the statement of defence the defendant pleaded that the damage arose from inevitable accident, the breaking of the chain to which the grab was attached being due to a defect in the chain which was not known to the defendant and could not have
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