Oceanic Crest Shipping Co v Pilbara Harbour Services Pty Ltd

Oceanic Crest Shipping Co Pty Ltd (the appellant) appealed to the High Court of Australia from a decision of the Full Court of the Supreme Court of Western Australia. The dispute concerned the appellant's liability for damage caused to the respondent's jetty, Pilbara Harbour Services Pty Ltd, when the appellant's vessel, the 'Oceanic Crest', collided with it. The appellant sought to rely on a clause in a pilotage exemption service agreement which it contended limited its liability.

The High Court was required to determine whether the pilotage exemption service agreement was valid and enforceable, and if so, whether the clause limiting liability was effective to protect the appellant from the full extent of the damage claimed by the respondent. Specifically, the court had to consider the application of the *Sea-Carriage of Goods Act 1921* (Cth) and the *Carriage of Goods by Sea Act 1991* (Cth) to the agreement, and whether the clause contravened the provisions of those Acts or the general law regarding the exclusion of liability.

The High Court held that the pilotage exemption service agreement was not a contract for the carriage of goods by sea to which the relevant Commonwealth legislation applied. Consequently, the limitation of liability clause was not rendered void by those Acts. The court reasoned that the agreement was primarily for the provision of pilotage services, not for the carriage of goods. Therefore, the appellant was not entitled to rely on the limitation clause to escape liability for the damage caused to the jetty. The appeal was dismissed.