Caltex Oil (Australia) Pty Ltd & Anor v The Dredge Willemstad & Anor
136 CLR 52911 ALR 227
Caltex Oil (Australia) Pty Ltd
Australian Oil Refining Pty Ltd
v. The Dredge Willemstad
Decca Survey Australia Ltd
Judges:
Gibbs J
Stephen J
Mason J
Jacobs J
Murphy J
Subject References:
Negligence
Shipping and Navigation
Judgment date: 9 December 1976
SYDNEY
Caltex Oil (Australia) Pty Ltd V The Dredge "Williamstad"
Appeal allowed with costs except as against Captain H. J. Henneman.
Paragraphs 1 and 2 of order of Supreme Court set aside. In lieu thereof order that judgment be entered for the plaintiff against Ballast Trailing N. V.., Ballast Australia N. V. and Hollandsche Aanneming Maatschappij N. V. in the sum of $98,000 with costs.
Cross-appeal by Captain H. J. Henneman allowed with costs. In lieu of order made by the Supreme Court dismissing Captain Henneman's motion to be dismissed as a party to the proceedings order that Captain Henneman be dismissed as a party to the said proceedings.
Caltex Oil (Australia) Pty Ltd v Decca Survey Australia Ltd
Appeal allowed with costs.
Paragraphs 1 and 2 of order of Supreme Court set aside. In lieu thereof order that judgment be entered for the plaintiff in the sum of $95,000 with costs.
Australian Oil Refining Pty Ltd V The Dredge "Willemstad"
Appeal dismissed with costs.
Cross-appeal by Captain H. J. Henneman allowed with costs. In lieu of order made by the Supreme Court dismissing Captain Henneman's motion to be dismissed as a party to the proceedings order that Captain Henneman be dismissed as a party to the said proceedings.