TREGIDGA v PASMA HOLDINGS PTY LTD

[2022] Lloyd’s Rep. Plus 13

FEDERAL COURT OF AUSTRALIA

Before Justice Reeves

Admiralty – Vessel ownership – Tort – Claim for damages against maritime electrical contractor arising from fire on board vessel – Breach of contract – Statutory guarantee or negligence with regard to the fire – Whether applicants owners of vessel at time of fire – Whether applicants parties to contracts relating to electrical works conducted on the vessel – Whether applicants “consumers” – Whether duty of care in tort owed to applicants by respondent – Whether scope of duty of care owed by respondent extended to taking steps to prevent fire – Whether duty of care affected by terms of contracts – Whether breach of duty of care – Determination of causation – Application dismissed – Australian Consumer Law (schedule 2 to the Competition and Consumer Act 2010 (Cth)), section 60.