Dunn v Maritime Services Board

In *Dunn v Maritime Services Board*, the New South Wales Court of Appeal considered an appeal by the Maritime Services Board (the Board) against a decision of the Supreme Court of New South Wales. The dispute concerned the Board's liability for injuries sustained by Mr. Dunn, a pilot, who fell from a ladder while boarding a vessel. Mr. Dunn had sued the Board for negligence, alleging that the Board, as the owner and operator of the pilot launch, had failed to provide a safe system for boarding vessels.

The central legal issue before the Court of Appeal was whether the Board owed a duty of care to Mr. Dunn in relation to the method of boarding the vessel, and if so, whether that duty had been breached. Specifically, the court had to determine if the Board had taken reasonable precautions to prevent the risk of injury to pilots using its launch to board other vessels, particularly in the prevailing weather conditions.

The Court of Appeal found that the Board did owe a duty of care to Mr. Dunn. It reasoned that the Board, by providing the pilot launch and controlling its operation, had assumed responsibility for the safety of the boarding process. The court held that the Board had breached this duty by failing to implement a safer system for boarding, such as using a different type of ladder or providing additional assistance, especially given the known risks associated with boarding vessels in rough seas. The court affirmed the Supreme Court's finding that the Board's negligence caused Mr. Dunn's injuries.