Ship "Terukawa Maru" v Co-Operated Dried Fruit Sales Pty Ltd

The dispute in *Ship "Terukawa Maru" v Co-Operated Dried Fruit Sales Pty Ltd* concerned a claim for damages arising from a collision between the vessel *Terukawa Maru* and a jetty owned by Co-Operated Dried Fruit Sales Pty Ltd. The matter came before Menzies J of the High Court of Australia.

The central legal issue before the court was whether the owner of the vessel was liable for the damage caused to the jetty, notwithstanding that the vessel was at the time under the control of a compulsory pilot. The court was required to consider the extent to which a shipowner's liability is displaced when a compulsory pilot is in charge of navigation.

Menzies J applied the principles established in maritime law concerning the role and responsibility of compulsory pilots. His Honour reasoned that while a compulsory pilot is in charge of the navigation of a vessel, the ultimate responsibility for the safe navigation of the ship remains with the master and, by extension, the owner. The court found that the owner could not escape liability simply by virtue of the compulsory pilot's presence, as the master retained a duty to exercise reasonable care and skill in the navigation of the vessel, including the oversight of the pilot's actions. The owner's liability was therefore engaged.