TASMANIAN PORTS CORPORATION PTY LTD V CSL AUSTRALIA PTY LTD (THE GOLIATH)

[2025] FCAFC 53, Federal Court of Australia, Burley, Sarah C Derrington and O'Sullivan JJ, 29 April 2025

Admiralty – Limitation of liability for wreck – Meaning and scope of articles 2(1)(a) and (d) of the Convention – Vessel allision damaging two berthed tugs – Claim against vessel owners for costs of recovery, removal and disposal of tugs and bunker fuel onboard – Claims excluded from limitation under article 2(1)(d) of Limitation Convention by a reservation under article 18(1) – Whether claims limitable under article 2(1)(a) – Convention on Limitation of Liability for Maritime Claims 1976

Following an allision in the port of Devonport in Tasmania, CSL, the owners of the bulk carrier Goliath sought declarations to limit liability and had set up a limitation fund.