Union Steamship Company of New Zealand Limited v Ship Caradale [1937] HCA 55

60 C.L.R.] OF AUSTRALIA.

[HIGH COURT OF AUSTRALIA.)

THE UNION STEAMSHIP COMPANY OF

NEW ZEALAND LIMITED . TAO

AND

THE SHIP CARADALE . . i e . Derenpanr.

Shipping—Navigation—Negligence—Collision—Open waters near mouth of river—One

ship having emerged from river—Other ship about to enter river—Wrong order leading to collision—Insufficient look out.

The steamships Kakariki and Caradale collided at night-time in Hobson's Bay about a mile and a half from the mouth of the river Yarra. The Caradale attempted to pass the Kakariki port to port. When the Caradale went to starboard to accomplish this, the Kakariki went to port. The Caradale had no look-out on the forecastle head. The owner of the Kakariki brought an action against the Caradale to determine the responsibility for the loss suffered in the collision.

Held :—

(1) That the place where the collision took place was open waters and not a narrow channel and, therefore, that the rules as to passing in narrow channels did not apply.

(2) That it was the starboarding of the Caradale that created the risk and her further starboarding that led to the actual collision.

(8) That the collision rules then applied, and the Caradale having the Kakariki on her starboard side was in the position of a give-way ship.

(4) That the order to starboard arose out of some failure in vigilance occurring on the navigation bridge.

(5) That, though it was not possible to say whether, if a look-out had been posted on the forecastle head, he would have given warning in time or at all, in the absence of a look-out there it could aot be right for the same man to undertake the navigation of the ship and, at any rate in those waters, the duties of a look-out on the bridge. .

VoL. Ex, 42

H. C. or A. 1937.

ey MELBOURNE,

June 21-25, 28, 29;

Tully 1, 2 Aug. 25 5 Sept. 8.

Dixon J.