Burns Philp & Co Ltd v Nelson & Robertson Pty Ltd [1958] HCA 61

98 C.L.R.] OF AUSTRALIA. 495

(HIGH COURT OF AUSTRALIA.]

BURNS PHILP AND COMPANY LIMITED |

APPELLANT ; PLAINTIFF, Jp : AND

NELSON AND ROBERTSON PROPRIETARY po oe pawr POUND ee gee ae ou

DEFENDANT,

Shipping—Salvage—Limitation of Actions—Services rendered by another belonging H.C. or A. to the same owner—Commencement of action—Two years from date of services 1957-1958. rendered Navigation Act 1912-1953 (Cth.), #8. 317, 396 (1). Se

The Navigation Act 1912-1953 (Cth,), by s. 396 (1) provides: "No action shall 5¥PNE¥> be maintainable to enforce any claim or lien against a vessel or her owners _ 1997 in respect of any damage or loss to another vessel, her cargo or freight, or any "%- 20 215 property on board her . . . caused by the fault of the former vessel, whether Taylor J. such vessel be wholly or partly in fault, or in respect of any salvage services, 195g, unless proceedings therein are commenced within two years from the date \ernovaxn,

when the damage or loss or injury was caused or the salvage services were ay, 1] rendered."

Dixon C.J., Held, by Dixon C.J., McTiernan, Williams and Kitto JJ. (Webb J. dis- Mel ern

senting), that the limitation of two years imposed by the section applies Webb endl Kitto JJ.

generally to all actions to recover in respect of salvage services and is not confined only to such actions as are brought against a vessel or her owners.

Decision of Taylor J., affirmed.

Appear from Taylor J.

In a suit brought by Burns Philp & Co. Ltd. in the original jurisdiction of the High Court as a Colonial Court of Admiralty by way of writ of summons issued on 21st February 1956, against Nelson & Robertson Pty. Ltd. the statement of claim was sub- stantially as follows :—

1. The plaintiff is the owner of the motorship Bulolo and the motorship Malaita, which vessels together rendered salvage services to the steamship Mangola and her cargo on and between 9th February 1953 and 15th February 1953 inclusive, off Kar Kar Island, in the circumstances hereinafter appearing.