High Court of Australia
: oS IN THE HIGH COURT OF AUSTRALIA
LIGHTERAGE CO. PTY. LUUTTED
"REASONS FOR JUDGMENT
J. 5 Gourley, Gort. Print, Mat
cn109/51 on. Tuesday, 13th April, 1994...
Judgment delivered at_. Sydney
Ve
DARLING ISLAND STEVEDORING & LIGHTBRAGE COM Pry. LTD.
ORDER
Appeal dismissed with costs
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DARLING ISLAND STEVEDORING & LIGHTERAGE CQ. PIY. LIMITED
JUDGMENT. DIXON CoS. . KITTO Je TAYLOR J.
EVANS
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DARLING ISLAND STEVEDORING & LIGHTHRAGE CO. PTY. LIMITED
By the order under appeal the Supreme Court set aside a verdict for the plaintiff in an action under the Compensation to Relatives Act 1897 N.S.W. and entered a verdict forthe defendant. The plaintiff is the widow of a wharf labourer who was killed on lst June 1950 by falling through the partially uncovered hatchway on the 'tween decks of a ship called the "Gausdal".
The defendant is a stevedoring company by which the plaintiff was employed. He formed a member of a gang of fifteen men picked up to work the ship which was discharging gereral cargo. On the previous day the gang had been at work at No. & hatch, but about 3 o'clock in the afternoon the winch broke dow and the foreman directed the men to proceed to No. 1 hatch. That hold seems to have been fully discharged but not to have been cleaned upe There was a 'tween decks hold and a lower hold. There was some dunnage in the lower hold and there was some debris which the men began to send up but the winch of Noe 1 proved to be in bad order. When the men tried to cover the 'tween deck hatch they found that they could not use the winch to place the sister beam in position. The foremen told them to leave the hatch and come up and cover up the hatch above on the main deck. This they did but five of the men,including the plaintiff's husband, changed from their working clothes to their ordinary clothes and left the former in the 'tween deck hold. The hatches were placed in position on the main deck and covered with the canvas hatch cover. It was said that the hatch
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