A Tug too Far - 'The Koumala' [2007] QCA 429: "Whilst Towing", "For or in Relation to the Transportation of Goods"
Published 2008-11-12
Keywords
- The 'Koumala',
- tugs,
- towage,
- Trade Practices Act 1974,
- negligence
- UK Standard Conditions for Towage and Other Services 1974,
- towing period,
- implied warranty,
- due care and skill,
- consumer contract,
- towage contract,
- statutory interpretation,
- limitation of liability ...More
Abstract
Justice Douglas takes as the focus of his paper the case The Koumala (PNSL Berhad v Dalrymple Marine Services Pty Ltd [2007] QCA 429). As Douglas states, this case deals with two legal issues significant for those who own and operate tugs and those who use their services. The first was whether the collision that led to the litigation occurred 'whilst' the tug was towing the ship. The second was whether s 74(3) of the Trade Practices Act 1974 (Cth) applied to the facts and that depended on whether the contract of towage was one for or in relation to the transport of goods.
Douglas first provides the facts of the case, before proceeding to discuss the Court's interpretation of the phrase 'whilst towing' from the Standard Conditions, as well as its interpretation of s 74(3) of the TPA.