Newcastle Port Corporation v Pevitt & Ors (The "Robert Whitmore") - Supreme Court of New South Wales (Palmer J) - 1 October 2003

Limitation of Liability - 1976 Limitation Convention - Whether limitation fund inclusive or exclusive of costs in establishing claim against fund

During the night of 28 July 2000 the plaintiff's pilot vessel, The Robert Whitmore collided with a dinghy in Newcastle Harbour. Three men in the dinghy were seriously injured with one of them later dying of his injuries. As a result, the injured men and the deceased's widow commenced proceedings against the plaintiff in the District Court of NSW at Newcastle, claiming substantial damages for negligence.