Filipowski v Fratelli D'Amato S.r.l and Ors [2000] NSWLEC 50

Filipowski v Fratelli D'Amato S.r.l and Ors [2000] NSWLEC 50

The discharge of oil was caused by failure to properly test and close sea chest valves before using the sea crossover line for cargo unloading, constituting an offence of strict liability under s 27(1) Marine Pollution Act 1987. Owner is vicariously liable, master is technically liable but charge is dismissed under s 556A Crimes Act due to lack of direct involvement, chief officer directly responsible for the act causing discharge.

Jurisdiction
Australia
Judgment Date
16 March 2000
Procedural Posture
Criminal Prosecution / Judgment
Outcome
convictions and fines for owner and chief officer; charge against master dismissed under s 556A Crimes Act 1900; costs awarded to prosecutor
Legal Topics
['marine Pollution' 'strict Liability Offences' 'penalty Assessment' 'mitigating Circumstances' 'co Offenders']
['environmental Law' 'criminal Law'] ['marine Pollution' 'strict Liability Offences' 'penalty Assessment' 'mitigating Circumstances' 'co Offenders']

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

Criminal Prosecution / Judgment

Legal Issues

  1. 1 ['Whether discharge of oil into state waters occurred in contravention of Marine Pollution Act 1987 s 27(1)' 'Whether owner, master, and chief officer are appropriate persons or persons whose act caused the discharge under the Act' 'Assessment of seriousness and mitigating factors for penalty']

Ratio Decidendi

The discharge of oil was caused by failure to properly test and close sea chest valves before using the sea crossover line for cargo unloading, constituting an offence of strict liability under s 27(1) Marine Pollution Act 1987. Owner is vicariously liable, master is technically liable but charge is dismissed under s 556A Crimes Act due to lack of direct involvement, chief officer directly responsible for the act causing discharge.

Court Disposition

convictions and fines for owner and chief officer; charge against master dismissed under s 556A Crimes Act 1900; costs awarded to prosecutor

Orders

  • ["Matter No 50088: Defendant (Fratelli D'Amato S.r.l) convicted and fined $510,000; ordered to pay prosecutor's costs; exhibits may be returned." "Matter No 50089: Defendant (Crescenzo Rosato) convicted and fined $110,000; ordered to pay prosecutor's costs; exhibits may be returned." "Matter No 50090: Charge against...