Filipowski v. De Ocampo [1998] NSWLEC 92

Filipowski v. De Ocampo [1998] NSWLEC 92

The phrase 'any other person whose act caused the discharge' in s 8(1) of the Marine Pollution Act 1987 includes crew members such as the chief engineer, and only clear and unambiguous statutory language determines liability, not extrinsic evidence such as ministerial speeches.

Jurisdiction
Australia
Judgment Date
09 May 1998
Procedural Posture
Prosecution / Judgment
Outcome
Conviction of Coral Canal SA and Ernesto Santacruz; dismissal of charge against Renato G De Ocampo.
Legal Topics
['marine Pollution' 'statutory Interpretation' 'strict Liability' 'criminal Penalty']
['environmental Law' 'criminal Law'] ['marine Pollution' 'statutory Interpretation' 'strict Liability' 'criminal Penalty']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Prosecution / Judgment

Legal Issues

  1. 1 ["Does s 8(1) of the Marine Pollution Act 1987 extend liability to crew members such as the chief engineer under the category 'any other person whose act caused the discharge'?" "Is recourse to extrinsic materials like the Minister's second reading speech permissible in statutory interpretation where the text is not ambiguous or obscure?"]

Ratio Decidendi

The phrase 'any other person whose act caused the discharge' in s 8(1) of the Marine Pollution Act 1987 includes crew members such as the chief engineer, and only clear and unambiguous statutory language determines liability, not extrinsic evidence such as ministerial speeches.

Court Disposition

Conviction of Coral Canal SA and Ernesto Santacruz; dismissal of charge against Renato G De Ocampo.

Orders

  • ["In charge No 50109 of 1997, charge against Renato G De Ocampo dismissed under s 556A Crimes Act 1900; order to pay prosecutor's costs." "In charge No 50110 of 1997, Coral Canal SA convicted; penalty of $30,000; order to pay prosecutor's costs." "In charge No 50111 of 1997, Ernesto Santacruz convicted; penalty of...