Catchwords
Negligence – Duty of care – Vicarious and direct liability – Motor vessel accident caused by vessel being grossly overloaded – Whether respondent's status as holder of certificate of registration for vessel under Water Traffic Regulations (NSW) conferred requisite degree of control to found direct or vicarious liability – Whether holder of certificate of registration responsible for negligence of person in charge of vessel – Whether status as holder of certificate of registration gave rise to duty of care to prevent vessel sailing while grossly overloaded.
Maritime Services Act 1935 (NSW).
Water Traffic Regulations (NSW) – reg 11.