R Marine Pittwater Pty Ltd v Skinner [2009] NSWDC 273

New South Wales District Court

CITATION: R Marine Pittwater Pty Ltd v Skinner [2009] NSWDC 273

HEARING DATE(S): 13 and 14 October 2009

JUDGMENT DATE: 29 October 2009

JURISDICTION: Civil

JUDGMENT OF: Levy SC DCJ

DECISION: 1. Verdict for the defendant; 2. Plaintiff is to pay the defendant's costs.

CATCHWORDS: BAILMENT – sub-bailment – damage to new motor vessel – boat seller left vessel with shipwright for modifications required by purchasers before delivery to purchasers – vessel scuttled and sunk at moorings – sea valves opened due to vandalism at night – whether bailee has demonstrated that the damage was not caused by his negligence - DAMAGES – measure of damages in bailment – whether vessel reasonably written-off by bailor who on-sold salvaged vessel to the manufacturer for subsequent refitting and re-sale – whether write-off inference should be reasonably drawn from re-fitting costs expended by manufacturer before re-sale.

LEGISLATION CITED: Uniform Civil Procedure Rules 2005, Schedule 7 clause 5(c)

Bradshaw v McEwans Pty Ltd (1951) 217 ALR 1 Califf v Danvers (1792) Peake 155; 170 ER 112 Glebe Island Terminals Pty Ltd v Continental Seagram Pty Ltd (1993) 40 NSWLR 206 Jacap Low Loaders v Lindores Plant and Equipment [2004] NSWCA 5 Luxton v Vines [1952] HCA 9; (1952) 85 CLR 352 CASES CITED: Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; (2001) 52 NSWLR 705 Modbury Triangle Shopping Centre Pty Ltd v Anzil [2000] HCA 61; (2000) 205 CLR 254 Pitt Son Badgery Ltd v Proulefco [1984] HCA 6; (1984) 153 CLR 644 Howard v Jarvis (1958) 98 CLAR 177 Vickers v Double Bay Marina Pty Limited, NSWDC, unreported, 5 November 2007 Wyong Shire Council v Shirt [1980] HCA 12; (1980) 146 CLR 40