Port Kembla Coal Terminal Ltd v Braverus Maritime Inc

Port Kembla Coal Terminal Ltd brought an action against Braverus Maritime Inc following a maritime collision in Port Kembla Harbour in April 2002. The plaintiff claimed damages for the loss of a coal-carrying barge (CB2) which was destroyed in the collision with the defendant’s vessel, the MV Fortius. The defendant denied liability and counterclaimed against the plaintiff for damages to its vessel and for damages caused by the plaintiff’s failure to provide a safe berth. The court had to determine whether the defendant was liable for the collision, and if so, to what extent, and whether the plaintiff’s claims for damages to CB2 were valid. Additionally, the court had to assess the validity of the defendant’s counterclaims against the plaintiff.

The court examined the conflicting evidence presented by both parties, noting the inherent difficulties in maritime collision cases where parties often give contradictory accounts. The court found that the evidence of the crew and the pilot contained numerous inconsistencies and unsatisfactory aspects, making it difficult to rely on any single witness entirely. The court emphasised the importance of contemporaneous documentary evidence and objective records, such as the Bell Book, the course recorder, and the tug transcripts, to assist in determining the facts of the case. The court also considered admissions against interest made by the crew and the pilot to help resolve conflicts in the evidence. Ultimately, the court found that the defendant was liable for the collision and awarded damages to the plaintiff for the loss of CB2. The court dismissed the defendant’s cross-claim against the plaintiff and the plaintiff’s cross-claim against the defendant, ordering the defendant to pay the plaintiff’s costs of the proceedings.

In summary, the court found in favour of the plaintiff and awarded damages for the loss of the barge, dismissing the defendant's counterclaims. The court also ordered the defendant to pay the plaintiff's costs of the proceedings. The plaintiff was given liberty to apply for special costs on motion within 14 days.