Shipping Corp of India Ltd v Gamlen Chemical Co A/Asia Pty Ltd

147 CLR 142
32 ALR 609

(Judgment by: GIBBS J)

Between: SHIPPING CORP OF INDIA LTD
And: GAMLEN CHEMICAL CO A/ASIA PTY LTD

Court:
High Court of Australia

Judges:
Gibbs J
Stephen J
Mason J
Aickin J
Wilson J

Subject References:
Shipping

Hearing date: 11 June 1980, 12 June 1980
Judgment date: 12 December 1980

Canberra


Judgment by:
GIBBS J

I have had the advantage of reading the judgments prepared by Stephen J., and by Mason and Wilson JJ. and, for the reasons they have given, I concur in dismissing the appeal. I need only add, in relation to the question on which Stephen J. has reserved his opinion, that in my opinion the heavy weather which the ship experienced was rightly held to be a peril of the sea.