Ibrahimi & ors v Commonwealth of Australia (No 9) [2017] NSWSC 1051

Supreme Court New South Wales

Medium Neutral Citation: Ibrahimi & ors v Commonwealth of Australia (No 9) [2017] NSWSC 1051 Hearing dates: 26 September 2016; 27 September 2016; 28 September 2016; 30 September 2016; 4 October 2016; 5 October 2016; 6 October 2016; 10 October 2016; 11 October 2016; 13 October 2016; 14 October 2016; 21 October 2016; 26 October 2016; 1 November 2016; 4 November 2016 and 5 December 2016 Further written submissions 5 December 2016; 6 December 2016 Date of orders: 13 September 2017 Decision date: 13 September 2017 Jurisdiction: Common Law Before: Bellew J Decision: (1) Question 1 is answered: Yes. In 2010, Border Protection Command, an agent of the defendant, had stationed a permanent response vessel at Christmas Island for the purposes of conducting surveillance on the northern approaches to Christmas Island to detect and respond to maritime security threats, including to detect and intercept Suspected Illegal Entry Vessels and transfer their crew and Potential Illegal Immigrants to Christmas Island for processing under the Migration Act 1958 (Cth).

(2) Question 2 is answered: No.

(3) Question 3 is answered: No. (4) Question 4 is answered: No. (5) Question 5 is answered: No. (6) Question 6 is answered: There was a shipwreck risk. However, that risk did not arise from any conduct on the part of the defendant and was, in any event, a risk which was both inherent and obvious.

(7) Question 7 is answered: The shipwreck risk was foreseeable within the meaning of s. 5B(1)(a) of the Civil Liability Act 2002 (WA). However, that risk did not arise from any conduct on the part of the defendant and was, in any event, a risk which was both inherent and obvious.