Re Tyndall; Ex parte Official Receiver

Case [1977] FCA 15


COMMONWEALTh OF AUSTRALIA

Navlgotlon (Courts of Marine inquiry] Regulatlons

DECISION OF COURT

(2) Here state

matter ~I to

In

the

matter

of an lnqulry as tor2] THE CIRCCUiUISTAECES OF THE FIRE

which nnqu~ry

m.dc

ON THE MOTOR TAWER "CELLANA", OFFICIAL NUMBER 317787

WHEN BERTIIED AT N0.2 WHARF, GORE

COVE, NEW SOUTH WALES

ON 29 JUNE 1976.

The Court, having carefully lnqulred as to(*) the clrcumstances of the

fire on the motor tanker

"CELLANA", Offlcial number

317787 when berthed

at No.2 wharf, GORE COVE, New

South Wales

on 29 June 1976.

Finds that *a flre occurred on board the Motor Tanker

"Cellana" at about

0020 on Tuesday, 29 June 1976

whilst berthed at No.2 w)larf at the tanker termlr.al

owned and operated by Shell Refinlng (Australia)

Pty. Limlted at Gore Cove

13 the port of Sydney

In New South Wales and that shortly thereafter

s

a consequence of such

f l re two members of t he crew

of the vessel namely Bosun Alan Talbot and A/B Seaman

Arnold Higglns dled

as a result of asphyxlatlon.

M.T.

"Cellana" 1 s owned by Shell Internatlonal Marluc

Limlted of London and was at the relevant tune under

charter to Shell Company of

Australia Llmlted. Associated

Steamshlps Llrnlted 1 s the Hanager

of the vessel pnslxirlt

to an agreement dated 29 February 1969 between that

company and Shell Company of Australla Llmlted. The

agent for and

In the port of Sydney 1 s Union Bulkshlps

Pty. Llmlted.

- 2 -

The vessel was bullt at Whyalla

In South Australla in

1968 by Whyalla Shipbullding and Englneerlng

Works, a divlsion

of The Broken H111 Proprletory Llmited. It has

a registcred

tonnage of 9021.83 a gross tonnage

of 16004.57 and a dead

weight of 25,632 tons.

Its port of reglstratlon 1s Geelong

in the State of Victorla.

The vessel has seven sets of cargo

tanks, each set

consisting of a centre, a starboard and a port tank. Each

set 1s known by Its respective number followed by the word

"across".

In addition there IS, as far as 1 s relevant to

the inquiry, a tank known

as the slop tank which

1s used In

closed-circuit tank-washlng operations. Each set

of tanks

can be opened

to various main lines by means

of valves some

of whlch are hand-operated whilst others are operated

by

means of compressed air. There are four maln llnes running

fore and aft numbered

1 to 4,

1 and 2 belng

on the port slde

and 3 and 4 on the starboard slde

of the flying deck. Each

set of tanks has its

own interconnecting cross-over line,

I

which in the case of No.5 across is dlrectly connected to No.2 and No.3 malnline by means of valves known as No.5 port cross-over valve and No.5 starboard cross-over valve

respectlvely. All such cross-over valves are manually

operated and requlre some 30 turns from the shut to the

open positlon.

In order

had been adopted whereby the dlfferent valves were palnted a

dlstinguishlng colour. This system…

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Details
AGLC
Re Tyndall; Ex parte Official Receiver [1977] FCA 15
Case
[1977] FCA 15
Decision Date

CaseChat Overview and Summary

This case involved an inquiry into the circumstances surrounding a fire that occurred on the motor tanker "CELLANA" while it was berthed at No.2 Wharf, Gore Cove, New South Wales, on 29 June 1976. The fire resulted in the deaths of two crew members, Bosun Alan Talbot and A/B Seaman Arnold Higgins, who succumbed to asphyxiation due to smoke inhalation. The Court was required to determine the cause of the fire and whether any negligence or defects contributed to the tragic incident. The legal issues included the adequacy of the crew's training and the effectiveness of safety procedures and equipment on board the vessel. The Court found that the fire was caused by the opening of a cross-over valve by A/B Seaman Barry James Hourigan, who was instructed to do so by Bosun's Mate Eric George Wakeling, without proper oversight or understanding of the valve's function. Additionally, the spread of the fire was exacerbated by the open window of cabin No.4, which allowed smoke and heat to penetrate the crew's accommodation area. The Court recommended improvements in crew training, particularly in fire-fighting and tank-washing operations, and the implementation of more rigorous monitoring and record-keeping practices during such operations. The final orders included the implementation of these recommendations to prevent similar incidents in the future.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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