Townsville Harbour Board v Scottish Shire Line Limited [1914] HCA 33

Fol farbour Trust

306 HIGH COURT

(HIGH COURT OF AUSTRALIA.]

THE TOWNSVILLE HARBOUR BOARD PLAINTIFFS,

AND

SCOTTISH SHIRE LINE LIMITED DEFENDANTS,

ON APPEAL FROM THE SUPREME COURT OF

QUEENSLAND.

H.C. or A. Harbour Board—Injury to breakwater by ship in charge of pilot—Com 1914. pilotage—Absence of negligence or default om part of ome = Vis mame eS Liabitity of owner—Demurrer— Harbour Boards Act 1892 (Qd.) (56 Viet. No.

BRISBANE, 26),"secs, 196, 197—Navigation Acts Amendment Act 1911 (Qd.) (2 Geo. April 30 ; No. 5), sec. 2. May 1. - The Harbour Boards Act 1892, sec. 196, provides that ' When any ip SYDNEY, is done by a vessel, or by floating timber, or material, or by any perso May 15. employed about the same, to any part of the works or property of a Harbout aanancs Board, the following persons, namely,—(1) the owner of such vessel, floating Barton and" timber, or material ; and, (2) in case the injury 1s caused through the wilfu sans JJ.

act or negligence of the master of such vessel, or of the person having charge of such timber or material, such master or person—shall each be answe in damages to the Board for the whole injury ; but so that a Board shall be entitled by virtue of this section to recover twice for the same cause:

action."

Sec. 2 of the Navigation Acts Amendment Act 1911 provides as follows :— "(1) No civil remedy shall lie against any pilot in the employment of the Crown as represented by the Government of the State of Queensland for in respect of any damage or loss occasioned by his negligence or want of or otherwise for any act, default, or omission as a pilot while in charge any ship or vessel. (2) The Crown as represented by the Government of

RESPONDEN

State of Queensland shall not be liable for or in respect of any damage or

loss occasioned by the negligence or want of skill of any pilot, or othe for any act, default, or omission of any pilot while in charge of any ship