Contracts entered into with defendant maritime services company for chartering of barge, for the supply of anti-fouling paint, and for additional services
Barge to be slipped at Dampier Port
Anti-fouling paint to be applied to the hull of the barge as part of renewal of certificate of survey process
Quick Take
1The contractual term 'project management' in a marine services context, properly construed by reference to text, context and commercial purpose, encompasses scheduling and coordination responsibilities but does not extend to an obligation to verify or assess the technical quality of specialist work contracted by the principal to other parties, particularly where those other parties also held project management responsibilities under their own contracts.
2Under s 11(2) of the Property Law Act 1969 (WA), a broad contractual indemnity clause defined by reference to a corporate group and its trading entities can expressly confer a benefit on an identifiable class including a non-party asset owner, making the contract enforceable by that entity — but the mere fact that a contract concerns an asset owned by a non-party group member, without such an express conferral, is insufficient to engage the provision.
3A failure-to-warn claim under s 18 ACL in a commercial setting requires demonstration of a reasonable expectation of disclosure; where the claimant itself engaged specialist contractors to perform the relevant work, held the manufacturer's application guide, and the defendant's role was limited to scheduling coordination, no such reasonable expectation arises in respect of the technical adequacy of the specialist work.
