CSL Australia Pty Ltd v Tasmanian Ports Corporation Pty Ltd (The Goliath) [2024] FCA 824

Federal Court of Australia

CSL Australia Pty Ltd v Tasmanian Ports Corporation Pty Ltd (The Goliath) [2024] FCA 824 File number: NSD 789 of 2022

Judgment of: STEWART J

Date of judgment: 26 July 2024

Catchwords: SHIPPING AND NAVIGATION – Convention on Limitation of Liability for Maritime Claims (1976) given the force of law by the Limitation of Liability for Maritime Claims Act 1989 (Cth) – meaning and scope of Arts 2(1)(a) and (d) of the Convention – where vessel allided with two berthed tugs owned by Tasmanian Ports Corporation (TasPorts) – where tugs sank and became wrecks – where TasPorts claims against the owners of the vessel for the costs of the recovery, removal and disposal of the tugs and bunker fuel onboard – whether such "wreck removal" claims are excluded from limitation under Art 2(1)(a) of the Convention by Art 2(1)(d) not being given the force of law in Australia by the exercise of the reservation under Art 18(1) CONTRACTS – whether TasPorts' standard terms and conditions of port access applied to its provision of services in the vessel entering the port – whether the exclusion "[t]o the fullest extent permitted by Law [of] all rights, … remedies or other terms that are not set out" excludes the owners' right to limit liability in reliance of the Convention on Limitation of Liability for Maritime Claims (1976) PUBLIC INTERNATIONAL LAW – proper approach to the interpretation of treaties – Vienna Convention on the Law of Treaties (1969) – recourse to preparatory work and circumstances of conclusion

Legislation: Limitation of Liability for Maritime Claims Act 1989 (Cth), s 6 Navigation Act 1912 (Cth) (repealed), ss 333, 314A Navigation Act 2012 (Cth), s 229 Harbors and Navigation Act 1993 (SA), s 25 Marine Act 1981 (NT), s 115D Marine and Safety Authority Act 1997 (Tas), Div2A Marine Safety Act 1998 (NSW), s 16 Marine Safety Act 2010 (Vic), s 268 Ports Management Act 2015 (NT), Div 3 Transport Operations (Marine Safety) Act 1994 (Qld), s 175A Western Australian Marine Act 1982 (WA), s 71 Merchant Shipping Act 1894 (Imp) (repealed), ss 502-508 Merchant Shipping (Liabilities of Shipowners and Others) Act 1958 (UK), s 2 Convention on Limitation of Liability for Maritime Claims, opened for signature 19 November 1976, 1456 UNTS 221 (entered into force 1 December 1986), as amended by the Protocol of 1996, opened for signature 2 May 1996, and further amended by Resolution LEG.5(99) of the Legal Committee of the International Maritime Organization, 19 April 2012 International Convention for the Unification of Certain Rules Relating to the Limitation of the Liability of Owners of Sea-going Vessels, opened for signature 25 August 1924, 120 UNTS 123 (entered into force 2 June 1931) International Convention relating to the Limitation of the Liability of Owners of Sea-Going Ships, opened for signature 10 October 1957, 1412 UNTS 80 (entered into force 31 May 1968) Nairobi International Convention on the removal of wrecks, opened for signature 18 May 2007, 3283 UNTS 34 (entered into force 14 April 2015) Vienna Convention on the Law of Treaties, opened for signature 23 May 1969, 1155 UNTS 331 (entered into force 27 January 1980), Arts 31, 32