Judge reserves Lermontov decision

Press, 30 August 1989, Page 7

Judge reserves Lermontov decision

NZPA Sydney The protracted legal battle, in which Australian passengers are claiming damages over the shipwreck of the Soviet cruise liner Mikhail Lermontov, was adjourned in the New South Wales Supreme Court yesterday. Judge Kenneth Carruthers said he would reserve his judgment in the case of Mrs Joan Dillon, of New South Wales. She is one of 151 passengers suing the ship’s owner, Baltic Shipping Company. The judge’s ruling on Mrs Dillon is expected to

determine whether the other passengers will be entitled to damages. After Baltic admitted vicarious liability for the sinking — as a result of the Marlborough Harbour Board pilot, Captain Don Jamison, setting a course which holed the ship on rocks at Cape Jackson on February 16, 1986 — much of the legal argument has centred on the validity of releases which Mrs Dillon and most of the other plaintiffs signed. The shipping company compensated passengers for luggage losses not covered by their insurance and for the unused

part of their fare, in return for signing the release documents. Last week Mrs Dillon’s counsel, Mr Peter King, said she was seeking between sAust6s,ooo ($82,166) and sAustBs,ooo ($107,448) for damages, including restitution of the full fare, nervous shock and injuries. The court had sat for 17 days in April and May before resuming on July 28. The judge gave no indication how long he would take to reach a decision, but lawyers believe it will be several weeks because of the complexity of the case.