Rivergate Marina and Shipyard Pty Ltd v Morphett

DISTRICT COURT OF QUEENSLAND

CITATION:

Rivergate Marina & Shipyard Pty Ltd v Morphett [2017] QDC 141

PARTIES:

RIVERGATE MARINA & SHIPYARD PTY LTD
(plaintiff)

v

ALEXANDRA MORPHETT
(first defendant, second plaintiff by counterclaim)

and

JOHN HARVEY
(second defendant)

and

HUNTER VALLEY DENTAL SURGERY PTY LTD
(third defendant, first plaintiff by counterclaim)

FILE NO/S:

BM3735/2012; BD1516/2014

DIVISION:

PROCEEDING:

Civil Trial

ORIGINATING COURT:

Magistrates Court at Brisbane

DELIVERED ON:

31 May 2017

DELIVERED AT:

Townsville

HEARING DATE:

30, 31 January, 1, 2 February 2017

JUDGE:

McGill SC DCJ

ORDER:

Judgment that the first defendant pay the plaintiff $85,231.01, including $25,468.11 by way of interest.  Claim against the second defendant dismissed. Counterclaim of the first defendant dismissed.

CATCHWORDS:

BAILMENT – duties of bailee – exercise of lien – whether reasonable care taken of boat – ownership of boat – assessment of damages.

Aqua Marine Pty Ltd v The Ship “Condor of Bermuda” [1999] QDC 46 – cited.
BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 – applied.
Blue Corp Pty Ltd v ANZ Executors and Trustee Co Ltd [1995] QCA 487 – cited.
Challenge Charter Pty Ltd v Curtain Bros (Qld) Pty Ltd [2004] VSC 1 – followed.
Chasteauneuf v Capeyron (1882) 7 App Cas 127 – cited.
China Pacific SA v Food Corporation of India [1982] AC 939 – cited.
Devine Shipping Pty Ltd v BP Melbourne (1994) 3 Tas R 456 – cited.
Hobbs v Petersham Transport Co Pty Ltd (1971) 124 CLR 220 – cited.
McDonald v Deputy Commissioner of Land Tax (1915) 20 CLR 231 – cited.
Mentink v Registrar of the Australian Register of Ships [2014] FCA 1138 – cited.
Nightingale v Tildsley [1980] CLY 134 – cited.
Ontario Ltd v Commissioner of Stamps (1990) 53 SASR 274 – cited.
Palmer St. Developments Pty Ltd v J&E Vanjak Pty Ltd [2016] QCA 138 – cited.
Soames v British Empire Shipping Co (1860) 8 HLC 338 – cited.
Spencer v The Commonwealth (1907) 5 CLR 418 - cited.
“The Sisters” (1804) 5 C.Rob. 155, 165 ER 731 – cited.
Thiess Services Pty Ltd v Mirvac Queensland Pty Ltd [2006] QCA 50 – cited.
Tottenham Investments Pty Ltd v Carburettor Services Pty Ltd (1994) Aust Torts Rep 81-292 – cited.

COUNSEL:

MH Ferrett for the plaintiff

P Sommers for the first and second defendants

SOLICITORS:

Archibald & Brown Lawyers for the plaintiff

Bennett & Philp Lawyers for the first and second defendants

1. This is a case about a boat.  The C-Princess was built in America in 1965, as a wooden hulled motor cabin cruiser, of a kind which is or was at one time popular in America, but rare in Australia.  It was purchased in 2004 in America for $US150,000.[1]  Since then, a lot of money has been spent on it.[2]  It is now, for practical purposes, worthless. 

   [1]Exhibit 1. 

   [2]Over $200,000 was paid to the plaintiff, and more to another ship repairer.

1. In late 2010, the boat came into the plaintiff’s shipyard on…