CSL Australia Pty Ltd v Formosa

CSL Australia Pty Ltd appealed to the Full Federal Court against a judgment of a single judge of the Federal Court, which had found it liable in negligence to Mr Formosa, a stevedore. Mr Formosa had suffered injury while working on board the vessel 'Iron Pacific', which was owned and operated by CSL Australia Pty Ltd. The dispute concerned the extent of the duty of care owed by a shipowner and operator to stevedores engaged in loading and unloading operations.

The central legal issues before the Full Federal Court were whether CSL Australia Pty Ltd had breached its common law duty of care to Mr Formosa, and the nature and scope of that duty. Specifically, the court considered whether the obligations imposed by the *Occupational Health and Safety (Maritime Industry) Act 1993* (Cth) and associated Marine Orders, such as Marine Orders Part 32 under the *Navigation Act 1912* (Cth), extinguished or modified the common law duty of care. The court also examined whether the primary judge's findings of breach, including the failure to sweep iron ore slurry from the deck and the failure to direct the use of another side of the deck, were supported by the evidence.

The Full Federal Court held that the existence of statutory obligations under the *Occupational Health and Safety (Maritime Industry) Act 1993* (Cth) and the Marine Orders did not negate or terminate the common law duty of care owed by the shipowner and operator to stevedores. The court reasoned that these statutory provisions imposed conformable obligations on another party (the stevedoring company) but did not absolve the shipowner of its own duty to exercise reasonable care for the safety of those coming on board its vessel. The court found that the evidence before the primary judge adequately supported the findings of breach, which included failures to maintain a safe working environment on deck.

The appeal and cross-appeal were dismissed. CSL Australia Pty Ltd was ordered to pay 75 per cent of the costs of the respondent of the appeal and cross-appeal.