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Luxury Pleasure Craft - Damages For Loss Of Reputation And Loss Of Enjoyment.

Publication: Mondaq Business Briefing
Publication Date: 23-JUN-09 		Format: Online
Delivery: Immediate Online Access
Full Article Title: Luxury Pleasure Craft - Damages For Loss Of Reputation And Loss Of Enjoyment.(Yates v Mobile Marine Repairs Pty Ltd [2007] NSWSC 1463)

Article Excerpt
When a commercial vessel is damaged it is common for there to be a claim for loss of hire or profit from the operation of the vessel. Private pleasure craft do not generally give rise to the same losses. However, a New South Wales Supreme Court decision demonstrates that other less tangible but just as hefty damages can be awarded. The judgment is a sobering one for the insurers of ship repairers and the like.

In Yates v Mobile Marine Repairs Pty Ltd [2007] NSWSC 1463, the luxury game fishing vessel, the Eagle, suffered damage to its main engines due to negligent works by the defendant. The Eagle was custom built and practically new with fittings and finishings of a very high standard. The damage to its engines was such that they had to be removed and replaced by cutting open and reconfiguring the engine room to accommodate different model engines.

Not only did the owner claim the costs...

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