R Marine Pittwater Pty Ltd v Skinner

The plaintiff, R Marine Pittwater Pty Ltd, brought an action against the defendant, Skinner, for damages arising from the alleged negligent damage of a new motor vessel while it was in the defendant's custody. The vessel was left with the defendant, a shipwright, by the plaintiff for modifications required by the purchasers before delivery. The vessel was scuttled and sunk at the moorings, and the sea valves were opened due to vandalism at night. The court had to determine whether the bailee had demonstrated that the damage was not caused by his negligence and whether the vessel was reasonably written off by the bailor, who subsequently on-sold the salvaged vessel to the manufacturer for refitting and re-sale. The court also had to consider whether the write-off inference should be reasonably drawn from the refitting costs expended by the manufacturer before re-sale.

The court found that the defendant had demonstrated that the damage to the vessel was not caused by his negligence. The court also found that the plaintiff had reasonably written off the vessel by selling the salvaged vessel to the manufacturer for refitting and re-sale. The court held that the refitting costs expended by the manufacturer before re-sale were not sufficient to rebut the inference that the vessel was reasonably written off.

The court held that the defendant was not liable for the damage to the vessel, and the plaintiff's claim was dismissed. The court ordered that the defendant was to be paid costs by the plaintiff.

The final orders of the court were that the verdict was for the defendant, and the plaintiff was to pay the defendant's costs. The court held that the defendant had demonstrated that the damage to the vessel was not caused by his negligence and that the plaintiff had reasonably written off the vessel. The court found that the refitting costs expended by the manufacturer before re-sale were not sufficient to rebut the inference that the vessel was reasonably written off.