Visscher v Teekay Shipping (Australia) Pty Ltd

The case of Visscher v Teekay Shipping (Australia) Pty Ltd involved a motion for summary judgment brought by the respondent against the applicant, a seaman, after both parties had filed their evidence and just before the hearing of the proceeding was due to commence. The applicant claimed that he was entitled to unpaid wages under section 78 of the Navigation Act 1912 (Cth) as his employment with the respondent had been terminated and he had not been paid his wages at the time of his discharge from the ship. The respondent argued that there was a reasonable dispute as to liability for the wages, which under the Act meant that the wages did not need to be paid.

The court was required to decide whether the applicant had no reasonable prospect of success in the proceedings under section 78 of the Navigation Act. This hinged on whether there was a reasonable dispute as to liability for the wages, which would negate the obligation to pay them under the Act. The court also had to consider whether the respondent had shown that there was no reasonable prospect the applicant would succeed in the proceedings, based on the applicant's own evidence.

The court concluded that the evidence provided by the applicant demonstrated that there was indeed a reasonable dispute as to liability for the wages. This was because the respondent had rescinded the applicant's promotion to Chief Officer based on a recommendation from the Australian Industrial Relations Commission and had treated the applicant as a Second Mate since 2002. The court found that the respondent reasonably believed that the employment relationship had not been terminated, and therefore, it was not liable to pay the wages claimed by the applicant. The court held that the respondent's defence was likely to prevail, and there was no reasonable prospect that the applicant would succeed in the proceedings. Consequently, the application for summary judgment was dismissed, and the applicant was ordered to pay the respondent's costs.