TORTS — negligence — marine accident — plaintiff injured in the water when a propeller under power came into contact with his left leg whilst he was re-boarding a vessel after retrieving a hat from the water — finding that the master of the vessel was negligent — finding that the owner of the vessel is vicariously liable for the master’s negligence — rejection of defences claiming volenti non fit injuria; obvious risk in relation to dangerous recreational activity; intoxication; contributory negligence — rejection of claim made pursuant to Australian Consumer Law in respect of statutory warranties
DAMAGES — assessment of claimed heads of damage pursuant to the provisions of the Civil Liability Act 2002 (NSW)
