LLB102 Week 8 Tutorial
Caltex Oil (Australia) Pty Ltd v The Dredge ‘Willemstad’
There are exceponal cases in which the defendant has knowledge or means of knowledge
that the plain) individually and not merely as a member of an unascertained class, will be
likely to su)er economic loss as a consequence of his negligence, and owes the plain) a
duty to take care not to cause him such damage by his negligent act.
It was material but not su-cient that:
Mason J at 590-194:
he can reasonably foresee that a specic individual, as disnct from a general class
of persons, will su)er nancial loss as a consequence of the conduct.
Christopher v The Motor Vessel “Fiji Gas”
How the test was dened in Christopher:
plain)’s may have been “ascertainable” a8er the fact was insu-cient.
Fortuna Seafoods Pty Ltd v The Ship ‘External Wind’
How the test was dened in Fortuna:
“ascertainable class”, that is if the defendant had knowledge or the means of
knowledge that the plain)s were members of an “ascertainable” class of vulnerable
between the plain) and the owner of the damaged property
Some a:empt at cricism/crique of the test:
e.g. Fortuna Seafoods which states that the test requires supplementaon
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