Yates v Mobile Marine Repairs Pty Ltd & Anor [2007] NSWSC 1463

New South Wales Supreme Court

CITATION : Yates v Mobile Marine Repairs Pty Ltd & Anor [2007] NSWSC 1463

HEARING DATE(S) : 28 May to 4 June 2007

JUDGMENT DATE : 14 December 2007

JURISDICTION : Equity Admiralty List

JUDGMENT OF : Palmer J

DECISION : Judgment for the plaintiff against each of the defendants for one half of the plaintiff's loss.

CATCHWORDS : CONTRACT – Which of two defendants made oral contract with plaintiff. - DAMAGES – MITIGATION – Whether plaintiff acted reasonably in incurring costs of replacing marine engines. - DAMAGES – Whether plaintiff entitled to diminution in value of vessel whose engines had been replaced. - DAMAGES – Loss of use – whether plaintiff entitled to damages for loss of use of pleasure craft. - DAMAGES – APPORTIONMENT – CIVIL LIABILITY ACT – Whether contract breaker and tortfeasor causing same loss are concurrent wrongdoers – whether breach of contractual duty to ensure that work done by another is done properly is act or omission causing loss – principles upon which apportionment of responsibility should be exercised discussed.

LEGISLATION CITED : Civil Liability Act 2002 (NSW) – Schedule 1, Clauses 6(1), 13, s 34, s 34A, s 35, s 35A, s 36, s 37, s 39

- Anthanasopoulos v Moseley [2001] NSWCA 266, (2001) 52 NSWLR 262 CASES CITED : - "Mediana", Owners of the Steamship v Owners, Master & Crew of the Lightship "Comet" [1900] AC 113 - Pump Dredger, Owners of No 7 Steam Sand v Owners of SS Greta Holme [1897] AC 596

Adrian Richard Yates (Plaintiff) PARTIES : Mobile Marine Repairs Pty Ltd (First Defendant) MAN Automotive Imports Pty Ltd (t/as MAN Marine Australia) (Second Defendant)