One of Australia's worst environmental disasters was caused by the improper maintenance of a ship that spewed tonnes of oil into waters off southeast Queensland, a court has been told.
The crown alleges Pacific Adventurer Captain Bernardino Gonzales Santos and four shipping companies were responsible for the incident in March 2009, when 270,000 litres of oil leaked from a fuel tank ruptured by a shipping container.
During a pre-trial hearing on Tuesday in the Brisbane District Court, Peter Davis, SC, said the container had become dislodged and fallen overboard during foul weather because of defective lashings that had not been properly maintained.
"No escape of oil would have occurred but for that," he said.
However, Tony Glynn, SC, who appeared for the captain and shipping companies, said the case hinged on the definition of damage.
News that makes sense
Your trusted source for staying up-to-date with the world around you. Get free daily news updates and analysis, straight to your inbox.
He told the court the relevant legislation did not extend to broader aspects of causation - such as faulty lashings - but was limited only to the damage "immediately proximate to the discharge".
The case was adjourned so parties could make further written submissions.
Judge Philip Robin will then deliver his ruling, which will determine how the trial is conducted.
Swire Navigation Company Ltd and Bluewind Shipping Ltd, co-owners of the Pacific Adventurer, will stand trial in October, as will the ship's charterer, Swire Shipping Ltd, the ship's manager, China Navigation Company Ltd, and the ship's captain, Santos.
Each face one charge of discharging oil in coastal waters.
