Smith v Perese & Ors [2006] NSWSC 288

New South Wales Supreme Court

CITATION : Smith v Perese & Ors [2006] NSWSC 288

HEARING DATE(S) : 14-18 November 2005, 23-27 January, 16-17 February 2006

JUDGMENT DATE : 21 April 2006

JURISDICTION : Common Law Division

JUDGMENT OF : Studdert J

DECISION : (1) Verdict and judgment for the plaintiff against the first and the third defendants in a sum to be determined. (2) Determination that the liability of the first and the third defendants is limited under the Limitation Act and the Convention. (3) Verdict and judgment for the second defendant on the plaintiff's claim against him. (4) Verdict and judgment for the cross defendant on the first defendant's cross claim. (5) Costs are reserved. (6) The matter is to be relisted by arrangement with my associate for the purpose of determining the damages to be awarded pursuant to the Limitation Act and the Convention, and also for the purposes of receiving submissions as to costs.

Admiralty Act 1988 (Cth) Civil Liability Act 2002 Civil Liability Amendment (Personal Responsibility) Act 2002 Fisheries Management Act 1994 Fisheries Management (Abalone Share Management Plan) Regulation Convention on Limitation of Liability for Maritime Claims 1976 International Convention Relating to the Arrest of Sea Going Ships 1952 LEGISLATION CITED : Jurisdiction of Courts (Maritime Conventions) Act 1989 (Ire) Law Reform (Miscellaneous Provisions) Act 1946 Limitation of Liability for Maritime Claims Act 1989 Navigation Act (NSW) 1901 Navigation Act (Cth) 1912 Navigation (Collisions) Regulations 1983 Partnership Act 1892 Shipping Registration Act 1987 (Cth) United Nations Convention on the Law of the Sea 1982