Morrison v Peacock [2002] HCA 44

Morrison v Peacock [2002] HCA 44

'Damage' in s 8 of the Marine Pollution Act 1987 (NSW) means a sudden change in the condition of the ship or its equipment that is the instantaneous consequence of some event, whether internal or external. It does not cover gradual processes such as wear and tear resulting in the escape of oil. Therefore, the rupture of the ship's hose brought about by prolonged abrasion and chafing does not qualify as 'damage' under s 8 for the statutory exception.

Parties
Appellant: Anthony Morrison; Respondent: Harold Anthony Peacock; Respondent: Unnamed respondent; Intervener: State of Western Australia (intervening)
Jurisdiction
Australia
Judgment Date
09 October 2002
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
Marine Pollution, Construction of 'damage' in Marine Pollution Statutes, Exceptions to Liability for Oil Discharge From Ships
Environmental Law Statutory Interpretation Marine Pollution Construction of 'damage' in Marine Pollution Statutes Exceptions to Liability for Oil Discharge From Ships

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Parties

Anthony Morrison

Appellant

Harold Anthony Peacock

Respondent

Unnamed respondent

Respondent

State of Western Australia (intervening)

Intervener

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether wear and tear causing escape of oil constitutes 'damage' under s 8 of the Marine Pollution Act 1987 (NSW)
  2. 2 Meaning of 'damage' for the purposes of oil discharge exceptions in marine pollution legislation

Ratio Decidendi

'Damage' in s 8 of the Marine Pollution Act 1987 (NSW) means a sudden change in the condition of the ship or its equipment that is the instantaneous consequence of some event, whether internal or external. It does not cover gradual processes such as wear and tear resulting in the escape of oil. Therefore, the rupture of the ship's hose brought about by prolonged abrasion and chafing does not qualify as 'damage' under s 8 for the statutory exception.

Court Disposition

Appeal allowed

Orders

  • Set aside the order of the NSW Court of Criminal Appeal dated 30 October 2000 insofar as it ordered question (i)(a) to be answered 'Yes'.
  • Order that question (i)(a) be answered: 'In that section, "damage" means a sudden change in the condition of the ship or its equipment that was the instantaneous consequence of some event, whether the event was external or internal to the ship or its equipment. The Court considers the question otherwise not...