Shane Doyle KC (with M N C Harvey KC and C L W Street) appeared for the Appellant, instructed by MinterEllison.
This appeal concerned the proper construction of Article 2 of the Convention on Limitation of Liability for Maritime Claims 1976, specifically the scope of Article 2(1)(d). The Court considered whether the appellant’s claims for wreck removal were subject to limitation by the respondent. The appeal was allowed, on the basis that by Australia making a reservation under Article 18(1) of the Convention, the claims for wreck removal could not be the subject of limitation in Australia. The Court ordered that Orders 1 and 2 be set aside, and the first respondent pay the appellant’s costs.
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