A design fault is to blame for the capsizing of a boat off the coast of Forster, which killed an experienced Lake Macquarie sailor.
Deputy State Coroner Erin Kennedy determined that Alan Bruce Beeby drowned after the Halvorsen cruiser overturned in calm conditions about 16 nautical miles off the coast just north of Seal Rocks in the early hours of January 26, 2020.
Magistrate Kennedy's findings were publicly released this week after an inquest in Newcastle earlier this month, which heard evidence from marine vessel and survival experts as well as the 74-year-old's family.
Mr Beeby, described during the inquest as a "super fit" man with decades of experience as a mariner, was bringing the newly-purchased used vessel from the Gold Coast to Lake Macquarie with his son Scott - also an experienced sailor - when the boat tipped onto its side in gentle seas at about 2am.
Mr Beeby was resting in the cabin at the time and his son helped him clear the overturned vessel, but lost sight of him in the pitch dark when he briefly let go of his father after placing his hand on the hull.
Scott was later rescued but Mr Beeby was never found.
Magistrate Kennedy said Scott acted "heroically to try and save his father in the middle of a terrifying ordeal".
"Scott's clear thinking was evident from his actions following the loss of his father, regardless of the trauma and grief, he managed to follow proper safety procedure to notify the authorities immediately and get himself to safety as best he could in the circumstances," she said.
Magistrate Kennedy found an "inherent defect" in the Halvorsen 42 vessel caused the capsizing and recommended the Australian Recreational Boating Safety Committee consider which legislative tools could be put in place to ensure appropriate standards to prevent such a tragedy in future.
She also recommended the ARBSC should review the Australian Builders Plate Standard or consider adopting a new certification method to include broader safety requirements, noting the inquest heard "a wealth of evidence" as to the lack of regulation for imported recreational vessels.
"Alan and Scott were competent and experienced sailors," Magistrate Kennedy said.
"They had no way of knowing that the vessel suffered from inherent design flaws that would risk their lives.
"In short form the [vessel] was top heavy.
"In a society where day to day products are the subject of stringent safety regulations, it is not surprising that purchasers of large recreational vessels assume that their expensive acquisitions have been built and certified to meet relevant safety and quality standards.
"The fact that there is no effective certicifation process is unacceptable and posses a risk to the lives of a significant, but unknown, number of people."
