Sarah Nickolls v Noakes Rigging Pty LtdPeter Bush v Noakes Rigging Pty Ltd [2008] NSWDC 299

Sarah Nickolls v Noakes Rigging Pty LtdPeter Bush v Noakes Rigging Pty Ltd [2008] NSWDC 299

The parties' relationship was a bailment for reward, but the Defendant discharged the onus of proving that the damage was not caused by any want of reasonable care on its part. The Court found that the yachts were placed on hard stands using the Defendant's normal procedures, the tripod stands under Burning Palms were linked and stabilised by chains, four tripods was a reasonable configuration in the circumstances, an appropriate inspection process was carried out before the storm, and no further reasonable steps were shown to have been required or capable of preventing the damage. The damage was caused by strong natural wind forces that were not predictable in advance in their...

Jurisdiction
Australia
Judgment Date
23 December 2008
Procedural Posture
District Court Civil Proceedings Involving Subrogated Claims for Liquidated Damages for Damage to Yachts / Trial Judgment After Hearing
Outcome
Verdict and judgment for the Defendant in each case; Plaintiffs' claims dismissed with costs.
Legal Topics
['bailment for Reward' 'duty of Bailee for Reward' 'reasonable Care of Bailed Goods' 'damage to Yachts on Hard Stands During Storm' 'marine Survey Fees as Damages' 'costs']
['bailment' 'negligence' 'damages' 'civil Procedure'] ['bailment for Reward' 'duty of Bailee for Reward' 'reasonable Care of Bailed Goods' 'damage to Yachts on Hard Stands During Storm' 'marine Survey Fees as Damages' 'costs']

Case Brief

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Procedural Posture

District Court Civil Proceedings Involving Subrogated Claims for Liquidated Damages for Damage to Yachts / Trial Judgment After Hearing

Legal Issues

  1. 1 ['Was the legal relationship between the parties in respect of the yachts that of bailment for reward and if so what was the content of the duty of care owed by the Defendant bailee?' 'Was the damage to the yachts belonging to the Plaintiffs caused by a want of exercise of reasonable skill and care or negligence on the part of the Defendant bailee?' "In the event that the Plaintiffs are entitled to damages, are the marine survey fees incurred by the Plaintiff's insurer properly characterised as forming part of the Plaintiff's damages?"]

Ratio Decidendi

The parties' relationship was a bailment for reward, but the Defendant discharged the onus of proving that the damage was not caused by any want of reasonable care on its part. The Court found that the yachts were placed on hard stands using the Defendant's normal procedures, the tripod stands under Burning Palms were linked and stabilised by chains, four tripods was a reasonable configuration in the circumstances, an appropriate inspection process was carried out before the storm, and no further reasonable steps were shown to have been required or capable of preventing the damage. The damage was caused by strong natural wind forces that were not predictable in advance in their...

Court Disposition

Verdict and judgment for the Defendant in each case; Plaintiffs' claims dismissed with costs.

Orders

  • ['A verdict and judgment be entered in favour of the Defendant in each case.' "The Plaintiff to pay the Defendant's costs." 'The Exhibits may be returned.' 'If required the parties may apply for any further or consequential orders on 7 days notice.']