Morrison v Peacock and Roslyndale Shipping Company Pty Ltd
[1999] NSWLEC 182
At a glance
Source factsCourt
Land and Environment Court (NSW)
Decision date
1999-08-06
Before
Pearlman J
Source
Original judgment source is linked above.
Judgment (59 paragraphs)
Introduction 1 to 6 The incident 7 to 10 The statutory defence 11 to 13 The first element of the defence Did the oil escape from the ship in consequence of the damage to the ship or its equipment? 14 to 19 The second element of the defence Was such damage not "intentional damage" according to the definition of that expression contained in s 8(3) of the Act? 20 to 43 The third element of the defence Were all reasonable precautions taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimising the escape of oil? 44 to 48 Conclusion 49 to 51
IN THE LAND AND 50006 of 1998 and 50007 of 1998 ENVIRONMENT COURT Pearlman J OF NEW SOUTH WALES 6 August 1999