Visscher v Teekay Shipping (Australia) Pty Ltd

[2014] HCASL 143

TIMOTHY VISSCHER

v

TEEKAY SHIPPING (AUSTRALIA) PTY LTD

[2014] HCASL 143
S44/2014; S93/2014

1. On 13 February 2014, the Full Court of the Federal Court of Australia (Rares, Jagot and Bromberg JJ) allowed the applicant's appeal from the decision of Katzmann J dismissing his claim for unpaid wages.  On 12 March 2014, the applicant filed an application for special leave to appeal from part of that judgment and the costs judgment delivered on 7 March 2014 (S44 of 2014). 

2. On 24 March 2014, the Full Court made orders varying those earlier made, in respects that need not be noticed.  Instead of amending the application for special leave in application S44 of 2014, the applicant filed a further application for special leave to appeal (S93 of 2014) raising the same grounds of challenge to the substantive judgment.  It is convenient to deal with both applications in these reasons. 

3. Application S93 of 2014 application was filed out of time.  The applicant has provided a satisfactory explanation for the delay.  Compliance with the Rules should be dispensed with[1] and the application considered on its merits. 

   [1]High Court Rules 2004 (Cth), r 41.02.

4. The proceeding before Katzmann J was a general maritime claim for wages as a member of the crew of a ship[2]. At the time, s 78 of the Navigation Act 1912 (Cth) ("the Act") provided that if a seaman's wages due at the time of discharge were not paid before or at the time of discharge they continued to run at double rates from then until final settlement unless, inter alia, the delay was due to "a reasonable dispute as to liability for the wages or to any other cause not attributable to the wrongful act or default of the owner or master of the ship".

   [2]Admiralty Act 1988 (Cth), s 4(3)(t).

5. A central issue before Katzmann J, and on appeal, was the determination of whether there was "a reasonable dispute as to liability" for the amount of the applicant's wages due on his discharge from the respondent's ship on 3 March 2004 or on a date thereafter.  Katzmann J was satisfied that there was a reasonable dispute as to the respondent's liability to pay the wages at the time of the applicant's discharge on 3 March 2004 and that the dispute continued until 1 June 2004. 

6. The Full Court reversed Katzmann J's finding.  By majority, the Full Court upheld that the applicant's claim on a more limited basis than that for which he contended.  Judgment was entered for a sum a little in excess of $16,000. 

7. The applicant seeks special leave to appeal on grounds which challenge the Full Court's factual findings. He does not have legal representation and his application falls to be dealt with under r 41.10 of the High Court Rules 2004 (Cth).

8. No question of law of general importance is identified which would warrant the grant of special leave.   The interests of the administration of justice are not engaged by the applications. 

9. The applications are dismissed. 

10. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal orders dismissing applications S44 of 2014 and S93 of 2014.

V.M. Bell
15 August 2014 S.J. Gageler