Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

MORT'S DOCK & ENGINEERING COMPANY, LTD. v. OVERSEAS TANKSHIP (U.K.), LTD. (THE "WAGON MOUND".)

[1958] 1 Lloyd's Rep. 575

AUSTRALIA.SUPREME COURT OFNEW SOUTH WALES.

Before Mr. Justice Kinsella.

Negligence - Foreseeable damage - Escape of furnace oil from ship in harbour - Fire - Damage to wharf - Liability of demise charterers to ship - Allegation that fire was not foreseeable - Remoteness of damage - Whether any damage, consequent on escape of oil, foreseeable. Practice - Pleadings in Admiralty supporting cause of action in negligence or nuisance - Whether plaintiff able to pursue both remedies.

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