Apportionment Of Liability Where Ships Collide

Balnaves v Smith & Anor; Malone v Smith & Ors [2010] QSC 39

The Queensland Supreme Court has held the ancient maritime rule apportioning liability 50/50 regardless of respective fault, when two ships collide, no longer prevails. Instead, liability is apportioned according to each helmsman's respective fault.

Background

A Bayliner vessel and a Haines Hunter speedboat collided on the Coomera River in Queensland. The helmsman of the Bayliner was Mr Balnaves. His passenger was Mr Malone. The helmsman of the Haines Hunter was Mr Smith. All suffered serious personal injuries.

Two separate proceedings were commenced. In the first, Mr Balnaves sued Mr Smith and his employer ('Balnaves claim').