Lord Merrivale.—

The appellants, the United States Shipping Board, are owners of the "Crown City," a steel screw motorship of 5,428 tons gross register, and 426 feet in length, which on 22nd October 1927, found herself in collision with the defendant's steel single screw steamship "St. Albans," a vessel of 4 119 tons gross register and 367 feet in length, in Sydney Harbour near to Bradley Head, where is found the turning point and place of passing of the traffic into and out of the harbour. The "Crown City" was outward bound for Melbourne from Wooloomooloo Bay within the harbour. The "St. Albans" was inward bound from Japan.

In its actual incidents the collision, which took place in broad daylight, was of an ordinary kind involving simple questions to be determined upon the usual conflict of evidence as to the exact place of the casualty and the course and management of the ships. The proceedings in the litigation have been of an unusual kind. Under the provisions of the law locally applicable a Commonwealth Court of Inquiry was held, presently after the collision, whereat both parties now in litigation were represented by counsel. Following on the inquiry the now appellants brought