Visscher v BHP Petroleum Pty Limited re the ship "Griffin Venture" [2002] NSWSC 315

New South Wales Supreme Court

CITATION : Visscher v BHP Petroleum Pty Limited re the ship "Griffin Venture" [2002] NSWSC 315 CURRENT JURISDICTION: Equity Division Admiralty List FILE NUMBER(S) : SC 10/00 HEARING DATE(S) : 7 March 2002 JUDGMENT DATE : 7 March 2002

Timothy Troy Visscher (Plt) PARTIES : BHP Petroleum Pty Limited (1st def) BHP Petroleum (Australia) Pty Limited (2nd def) The Broken Hill Proprietary Company Limited (3rd def) JUDGMENT OF : McClellan J

COUNSEL : F Corsaro SC/D Carolan (Plt) D Hammerschlag SC/G Nell (1st & 2nd Def) SOLICITORS : Turnbull Hill Lawyers (Plt) Holding Redlich (1st & 2nd Def) CATCHWORDS : ADMIRALTY - claim for salvage - whether services were rendered as an employee or as a volunteer - application to amend statement of claim to add a further claim in restitution LEGISLATION CITED : Limitation Act 1969 (NSW) s 14 DECISION : See paras 13 - 14

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION ADMIRALTY LIST

McCLELLAN J

THURSDAY 7 MARCH 2002

10/00 - VISSCHER v BHP PETROLEUM PTY LIMITED RE THE SHIP "GRIFFIN VENTURE" JUDGMENT 1 HIS HONOUR: I delivered judgment in relation to separate questions in this matter on 21 February 2002. There were two questions:

1. (a) Whether the plaintiff's claim in these proceedings (being a claim for an award of salvage) is not maintainable and both that claim and these proceedings ought be dismissed by reason of the proceedings having been commenced on a date following the expiration of the limitation period provided for in s 396(1) of the Navigation Act 1912 (Cth) alternatively s 22(3) of the Limitation Act 1969 (NSW) alternatively s 37 of the Admiralty Act 1988 (Cth). (b) If the plaintiff's claim is not maintainable by reason of the limitation provisions referred to in (a) above, whether the time for commencement of the plaintiff's claim ought to be extended to provide that the plaintiff's claim was brought within time.