Frost v Warner

[2002] HCA 1
Judgment date
Case number
S195/2000
Before
Gleeson CJ, Gaudron, Gummow, Kirby, Callinan JJ
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.

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