Guderjahn v Matilda Cruises Pty Limited and 1 Or; Matilda Cruises Pty Limited v Ledden

This matter concerned appeals arising from a collision between a ferry operated by Matilda Cruises Pty Limited and a dinghy on Sydney Harbour, which resulted in serious injury to a passenger on the dinghy, Mr Ledden. The primary dispute involved the apportionment of liability between the operator of the dinghy, Mr Guderjahn, and the master of the ferry. The case was heard in the Court of Appeal of New South Wales by Ipp, Tobias, and Basten JJA.

The court was required to determine whether the trial judge's apportionment of liability between Mr Guderjahn and Matilda Cruises was reasonable, and whether the assessment of damages awarded to Mr Ledden was appropriate. Central to these issues was the conduct of both the ferry master and Mr Guderjahn, specifically their failure to keep a proper lookout and their respective positions within the navigation channel at the time of the collision.

The Court of Appeal found that both the ferry and the dinghy were on the incorrect side of the navigation channel when the collision occurred, indicating a failure in navigation by both parties. Consequently, the court allowed Mr Guderjahn's appeal regarding the apportionment of liability, setting aside the trial judge's order and apportioning liability equally between Mr Guderjahn and Matilda Cruises. The appeals against the assessment of damages were dismissed, with both Mr Guderjahn and Matilda Cruises ordered to pay Mr Ledden's costs in relation to that aspect of the appeal.