Guderjahn v Matilda Cruises Pty Limited & 1 Or; Matilda Cruises Pty Limited v Ledden [2006] NSWCA 107

New South Wales Court of Appeal

CITATION: Guderjahn v Matilda Cruises Pty Limited & 1 Or; Matilda Cruises Pty Limited v Ledden [2006] NSWCA 107

HEARING DATE(S): 24/04/06

JUDGMENT DATE: 30 May 2006

JUDGMENT OF: Ipp JA at 1; Tobias JA at 63; Basten JA at 78

DECISION: (1) The appeal by Mr Guderjahn on the apportionment of liability is allowed (2) The order made by her Honour apportioning liability between Mr Guderjahn and Matilda Cruises is set aside (3) Liability between Mr Guderjahn and Matilda Cruises should be apportioned equally (4) Matilda Cruises to pay the costs of Mr Guderjahn's appeal in relation to the apportionment of liability but to have a certificate under the Suitors Fund Act 1951 (NSW) if otherwise qualified (5) The appeal of Mr Guderjahn and Matilda Cruises against the assessment of damages is dismissed (6) Mr Guderjahn and Matilda Cruises to pay Mr Ledden the costs of the appeal in relation to the assessment of damages.

CATCHWORDS: NEGLIGENCE - collision between a ferry and a dinghy in Sydney Harbour - passenger on dinghy seriously injured - apportionment of liability between the operator of the dinghy and the ferry master - both ferry and dinghy on incorrect side of navigation channel when the collision occurred - failure to keep a proper lookout. - DAMAGES - whether the assessment by the trial judge was reasonable. ND

LEGISLATION CITED: Navigation (Collision) Regulations 1983 (NSW), r 15

CASES CITED: Dwight v Bouchier (2003) 37 MVR 550

CA 40365/05 Ralph Guderjahn (Appellant) Matilda Cruises Pty Limited (First Respondent) PARTIES: Clint Ledden (Second Respondent) CA 40356/05 Matilda Cruises Pty Limited (Appellant) Clint Ledden (Respondent)