Sarah Nickolls v Noakes Rigging Pty LtdPeter Bush v Noakes Rigging Pty Ltd

The proceedings involved two plaintiffs, Sarah Nickolls and Peter Bush, who were each the owners of a yacht that was stored at the defendant’s boatyard, Noakes Rigging Pty Ltd. The dispute arose from the damage sustained by their yachts during a storm involving gale force southerly winds, which caused the yachts to be blown over. The plaintiffs sought damages for the negligence of the defendant in the storage and maintenance of the yachts. The case was heard in the Supreme Court of Victoria.

The primary legal issues were whether the defendant had discharged the onus of proving that the damage to the yachts was not due to its negligence and whether the marine survey fees incurred by an insurer as part of a claim for damages were claimable. The court had to consider the duty of care owed by the defendant as a bailee for reward and assess the evidence provided regarding the circumstances of the storm and the adequacy of the precautions taken by the defendant.

The court held that the defendant had successfully demonstrated that the damage to the yachts was not due to any negligence on its part but was instead a result of the extraordinary weather event. The evidence showed that the defendant had taken reasonable steps to secure the yachts, including the use of proper mooring techniques and the implementation of storm preparations. The court further found that the marine survey fees were not claimable as damages, as they were not a direct result of the loss but rather a part of the process of assessing the damage. The court concluded that the plaintiffs had not proven their cases, and the verdict was in favour of the defendant.

The orders of the court were that there would be a verdict for the defendant in each case, and the plaintiffs were to pay the defendant's costs.