Commonwealth v Asiatic Steam Navigation Co Ltd [1956] HCA 82

High Court of Australia Taylor J. Dixon C.J. McTiernan, Williams, Fullagar and Kitto JJ. Commonwealth v Asiatic Steam Navigation Co Ltd [1956] HCA 82

ORDER Appeal dismissed with costs.

Cur. adv. vult.

The following written judgment was delivered by:—

May 2, 1955 Taylor J.

In this suit the plaintiffs, the Commonwealth of Australia and the Secretary of the Department of Shipping and Transport, seek, pursuant to s. 503 of the Merchant Shipping Act 1894, to limit their liability for loss and damage which occurred as the result of a collision in Port Jackson between the steamship River Loddon and the steamship Shahzada. At all material times the former vessel was owned by the Commonwealth and she was registered at Melbourne as a British ship in accordance with regulations made, by order in council on 8th December 1924, with respect to the registration of Government ships of the Commonwealth. According to the certificate of registration the owner of the River Loddon is the "Commonwealth of Australia, represented by the Department of Shipping and Transport, Melbourne".

The loss in respect of which the plaintiffs seek to limit their liability consisted of damages occasioned to the Shahzada in the collision and the loss and damage sustained by the owners of goods and merchandise in the course of carriage on the latter vessel. The first-named defendant is, and was, at all material times, the owner of that vessel and the second-named defendant is one of such cargo owners.

As far as the facts of the case are concerned it is sufficient to say that the evidence establishes that the plaintiffs are entitled to a decree on the basis that the tonnage of the River Loddon, for the purposes of the section, is 4454.79 tons. There was no dispute concerning either the tonnage of the vessel or the fact that the loss and damage was caused without the actual fault or privity of the plaintiffs. The only questions of substance which arose were concerned with the precise extent to which the plaintiffs are entitled to limit their liability and the rate of interest which should be allowed on the outstanding amount.