Barnes Towing & Salvage (Qld) Pty Ltd v Cross

Barnes Towing & Salvage (Qld) Pty Ltd (the appellant) appealed to the High Court of Australia against a decision of the Supreme Court of Queensland. The dispute concerned the appellant's liability for damage caused to a vessel, the *Sea Shepherd*, while it was being towed by the appellant's tugboat, the *Sea Serpent*. The owner of the *Sea Shepherd* (the respondent) alleged that the damage was caused by the negligence of the appellant's crew.

The High Court was required to determine whether the appellant had breached its duty of care to the respondent by failing to exercise reasonable care and skill in the towing operation, and if so, whether that breach caused the damage to the *Sea Shepherd*. The court also considered the application of the *Marine Insurance Act 1909* (Cth) and the principles of causation in determining liability.

The High Court found that the appellant's crew had been negligent in the manner in which they conducted the towing operation, specifically in their failure to adequately secure the *Sea Shepherd* and to respond appropriately to changing sea conditions. The court applied the principles of negligence, requiring the appellant to demonstrate that it had taken all reasonable precautions to avoid the foreseeable risk of damage. The court also considered the concept of proximate cause, determining that the negligent towing was the direct cause of the damage sustained by the *Sea Shepherd*.

The appeal was dismissed, and the appellant was ordered to pay the respondent's costs.