NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Filipowski v Nikolaos; Pontian Shipping Co Limited [2005] NSWLEC 102
PROSECUTOR Barbara Filipowski
PARTIES : DEFENDANTS Kandilis Nikolaos Pontian Shipping Co Limited
FILE NUMBER(S) : 50051 of 2004; 50052 of 2004
CORAM: Talbot J
KEY ISSUES: Prosecution :- test for proof beyond reasonable doubt based on circumstantial evidence in respect of strict liability offence.
LEGISLATION CITED: Marine Pollution Act 1987 s 8, s 8(1)
Knight v The Queen 175 CLR 495 ; CASES CITED: Latoudis v Casey (1990) 170 CLR 534; Martin v Osborne (1936) 55 CLR 367
DATES OF HEARING: 28/2/05, 1/3/05, 2/3/05
DATE OF JUDGMENT: 03/11/2005
PROSECUTOR Mr J C Sheahan SC with Mr A L Hill (Barrister) SOLICITORS Dibbs Barker Gosling LEGAL REPRESENTATIVES:
DEFENDANT Mr P Byrne SC SOLICITORS Ebsworth & Ebsworth
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Talbot J
11 March 2005
50051 of 2004 Barbara Filipowski v Kandilis Nikolaos
50052 of 2004 Barbara Filipowski v Pontian Shipping Co Limited
JUDGMENT 1 Talbot J: On 30 April 2002 the defendant in matter No. 50051 of 2004 was the master of the ship Frixos and the defendant in matter No. 50052 of 2004 was the owner of the ship. The defendants are respectively charged, as the master and owner of the Frixos, in respect of a discharge of oil which occurred into the waters of Gore Cove, Port Jackson allegedly in contravention of s 8 of the Marine Pollution Act 1987. Both defendants have pleaded not guilty. 2 Section 8(1) of the Marine Pollution Act 1987 provides:- Subject to subsections (2) and (4), if any discharge of oil or of an oily mixture occurs from a ship into State waters, the master and the owner of the ship, and any other person whose act caused the discharge are each guilty of an offence punishable, upon conviction by a fine not exceeding: (a) If the offender is a natural person – 2 000 penalty units, or (b) If the offender is a body corporate – 10 000 penalty units.
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