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Lloyd's Maritime and Commercial Law Quarterly

ECONOMIC LOSS: FISHING PROFITS

The Fiji Gas

The litigation in Christopher v. M. V. Fiji Gas (The Fiji Gas)1 arose out of a collision between a fishing vessel Antonia and the M.V. Fiji Gas. The owner of the Fiji Gas admitted liability to the owners of the Antonia, who were the first plaintiffs, but denied the existence of any duty of care to the crew of the Antonia, who were the second plaintiffs and were claiming loss of profits arising during the period that the vessel was being repaired and was not engaged in fishing. There was an appeal to the Queensland Court of Appeal from that part of the decision of Cooper, J., which had declined recovery to the second plaintiffs.
The principal argument advanced by the second plaintiffs was based upon the decision of the High Court of Australia in Caltex Oil (Australia) Pty. Ltd. v. The Dredge Willemstad.2 The judgments of the five High Court judges in Caltex were

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