Limitation of Liability for Wreck Removal in Australia, Hong Kong and Singapore: Tasmanian Ports Corp Pty Ltd v CSL Australia Pty Ltd (The “Goliath”) [2025] FCAFC 53 and Perusahaan Perseroan (Persero) PT Pertamina v Trevaskis Ltd (The “Star Centurion” and The “Antea”) [2023] HKCFA 20 [case comment]
Koh Thiam Kwee
[2025] SAL Prac 17
Abstract:
Australia, Hong Kong and Singapore exclude the application of Art 2(1)(d) of the Convention on Limitation of Liability for Maritime Claims 1976 (19 November 1976) (entered into force 1 December 1986) which allows shipowners to limit their liability for claims in respect of wreck removal. This article considers the court decisions in Australia and Hong Kong on the scope of claims excluded from limitation under Art 2(1)(d) and the position in Singapore where there has yet to be a court decision.