Legal counsel for a charter boat company insisted that the business fully exercised its duty of care ahead of an MP’s accident on the water.

Dennis Lister III, the Junior Minister of Justice, appealed a lawsuit against him last week after Anthony Roache, of Somerset Bridge Watersports, successfully sued him for more than $5,000 in damages over a 2019 accident involving Mr Lister and three others.

In the second day of the appeal, Paul Harshaw, representing the respondent, reiterated that his client was simply responsible for ensuring Mr Lister’s boating ability.

He added: “The action by the third and fourth respondents did not fail because of any waiver or failure on the part of the respondent.

“Their cases failed because they did not give any evidence regarding breach of duty towards them or any loss.”

Mr Lister initially launched legal action against Mr Roache, with Mr Lister’s wife, Heather, Mike Moss and Leigherica Jones named as claimants, blaming the company for damages after an “unseaworthy” rental boat went under.

However, Mr Roache launched a counterclaim seeking $5,069.99 in damages.

In August 2022, magistrate Auralee Cassidy ruled in favour of Mr Roache, writing that Mr Lister had “wilfully and dishonestly” misrepresented his boating experience.

Mr Lister appealed the decision, arguing that the magistrate had made errors including improperly determining the watersports company’s duty of care.

Vaughan Caines, for the appellants, suggested on Tuesday that the company was at fault because the boat may have been damaged before the incident.

He added that there was a small-craft warning in effect on the day of the incident, which should have been the responsibility of Mr Roache to acknowledge.

However, Mr Harshaw said neither of these were the responsibility of his client.

He explained that Mr Roache was responsible for making sure the appellant was a competent enough boater — something he said he was previously assured of.

He added that adhering to the small-craft warning was not the responsibility of his client but the boat captain’s instead.

Regarding the potential of damage, Mr Harshaw acknowledged claims around a worn hull — but reminded the court this had been deemed insubstantial.

He said: “Both the plaintiffs agreed in cross-examination that the boat was caused to capsize by the waves and not sunk as Mr Caines suggested.”

Magistrates’ Court heard that on August 4, 2019, Mr Lister and his wife rented a Boston Whaler from Somerset Bridge Watersports and were given a route to reach Mangrove Bay.

Mr Lister piloted the boat to a nearby family dock, where they were joined by additional passengers, bringing the total on the four-person boat to five.

After departing, they ran into difficulties and capsized, losing personal items.

Mr Lister said he spoke with Mr Roache afterwards, who told him that the boat “may have” struck a reef the day before.

Mr Harshaw said on Friday: “A breach of duty without loss or damage does not give rise to a cause of action.

“In order to succeed, they [the appellant] would have to identify some duty that they say the defendant owed to them.”

The case continues today.

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