Strong Wise Limited v Esso Australia Resources Pty Ltd [2010] FCA 240

FEDERAL COURT OF AUSTRALIA

Strong Wise Limited v Esso Australia Resources Pty Ltd [2010] FCA 240 Citation: Strong Wise Limited v Esso Australia Resources Pty Ltd [2010] FCA 240

Parties: STRONG WISE LIMITED v ESSO AUSTRALIA RESOURCES PTY LTD (ACN 091 829 819), BHP BILLITON PETROLEUM (BASS STRAIT) PTY LTD (ACN 004 228 004) and PERSONS WHO MAY HAVE A CLAIM WITHIN THE MEANING OF ARTICLE 2 OF CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS 1976 (AS AMENDED BY THE 1996 PROTOCOL TO AMEND CONVENTION OF LIMITATION OF LIABILITY FOR MARITIME CLAIMS 1976) AS GIVEN FORCE OF LAW BY THE LIMITATION OF LIABILITY FOR MARITIME CLAIMS ACT (1989) (AS AMENDED) IN RESPECT OF LOSS SUFFERED OR DAMAGE CAUSED BY AN ANCHOR OR ANCHOR CABLE OF THE VESSEL "APL SYDNEY" IN PORT PHILLIP BAY, VICTORIA ON OR ABOUT 13 DECEMBER 2008

File number: VID 1060 of 2008

Judge: RARES J

Date of judgment: 18 March 2010

Date of Corrigendum: 18 May 2010

Catchwords: ADMIRALTY – LIMITATION OF LIABILITY – application under s 25 of the Admiralty Act 1988 (Cth) by shipowner to limit liability under Limitation of Liability for Maritime Claims Act 1989 (Cth) and the Convention on Limitation of Liability for Maritime Claims 1976 as affected by the 1996 Protocol to amend that Convention – meaning of "claims arising on any distinct occasion" in Arts 2(1)(a) and 6(1) of the Convention – Arts 6(1)(b) and 11 of the Convention permitting shipowner to apply to limit liability for all claims arising on a distinct occasion – maritime liens – multiple claims alleged to arise from ship's anchor fouling submarine gas pipeline, ship then going astern, ship later moving ahead, pipeline then fractured, later ship moving astern and further bending pipeline – claims by pipeline's owners for repairs, loss of gas and economic loss – consumers of gas claiming economic losses – longer repair period because of further bending – whether the different events causing damage to the pipeline on one or more distinct occasions ADMIRALTY – STATUTORY INTERPRETATION – construction of international convention given force of law by an Act of the Parliament – construction of Convention on Limitation of Liability for Maritime Claims 1976 as affected by the 1996 Protocol to amend that Convention – construction of international conventions – application of principles in Vienna Convention on the Law of Treaties of 1969 – purpose of limitation Convention to protect shipowner from financial ruin, encourage investment in shipbuilding, international trade and commerce and provide for limited and certain insurable risks – unbreakable limitation – purpose only to limit the liability of shipowner for each separate act, neglect or default from which claims arise – history of limitation of maritime claims laws and conventions – use of domestic law precedents PRACTICE AND PROCEDURE – EVIDENCE – concurrent evidence – direction that experts in each relevant discipline confer together, without the parties or their lawyers to prepare joint report setting out issues on which they agree and disagree, giving brief reasons for their differences Held: Whether one occasion is distinct from another will depend upon whether the causes of the claims that arise from each act, neglect or default are sufficiently discrete that, as a matter of commonsense, they can be said to be distinct from one another. Claims arose on two distinct occasions.