AUSTRALIAN STEAMSHIP PTY. LTD. V. THE SHIP ECHUNGA

IN THE HIGH COURT OF AUSTRALIA. —

REASONS FOR JUDGMENT.

Delivered at.

40358 A. H. Pertiven, Adjivo Gove. Prmvt.

AUSTRALIAN STEAMSHIPS PTY LTD

THE SHIP " ECHUNGAM®

Pronounce that the collision in this cause was occasioned by the fault or default of the master and crew of the vessel " Echunge " and by the fault or default of the master and crew of the vessel " Period nm, and that the loss or damage done to the 'said ships ought to be borne equally by the owners thereof. Refer it to the Registrar to report the amounts of the damage dome to the respective ships or otherwise occasioned by the collision. Let the respective amounts found be set off one against the other,and in

_Tespect of such damages condemn the party whose loss or damage is

"the less for half the excess.

AUSTRALIAN STEAMSHIPS PTY. LTD.

THE SHIP "ECHUNGA".

JUDGMENT . DIXON J.

UDGMENT .

AUSTRALIAN STEAMSHIPS PTY. LED.

Ve

THE SHIP "ECHUNGA".

DIXON J.

This suit arises out of a collision between two ships while steaming in convoy. The convoy was proceeding on a north easterly course along the Victorian coast. The collision occurred at about 2.45, or possibly 2.50am., of 30th June 1943. It was a cloudy night with intermittent rain and, though visibility was not very bad, it was not good. The ships of the convoy were drawn up four abreast in lines 3 cables apart ia columns or files separated by 3 cables. The two ships that collided were stationed in the inner positions of the second line. The plaintiff's ship,

the "Period", was the second ship from the left of the convoy ana : she

2.

she had abeam, on her port hand, a ship called the "Astoria", being the outer ship of the second line. The defendant ship, the "Echungd', was the third vessel and abeam on her starboard hand was the fourth ship, the "Koonda". While they were proceeding, with stations assigned to them in this order, the bows of the "Period" and "Echunga" struck, the fore and aft lines of the respective ships forming an angle of some 30 degrees. This could hardly have happened without fault, and the question is where the fault lies. It is evident that one or other,or both,ships must have moved from her station,or their respective stations. 'the evidence called contains an irreconcilable conflict as to which did so. Without discussing the witnesses or their evidence, I shall state what I find to be the facts.