Catchwords:

Admiralty – International law – Treaty – Interpretation – Limitation of liability for maritime claims – Where Art 2(1) of Convention on Limitation of Liability for Maritime Claims (1976) (as amended) (“Convention”) lists claims subject to limitation – Where Australia exercised power under Art 18(1) of Convention to exclude Art 2(1)(d) and (e) of Convention from application – Where Convention otherwise has force of law in Australia by s 6 of Limitation of Liability for Maritime Claims Act 1989 (Cth) – Where first respondent’s claim against appellant within scope of Art 2(1)(a) and (d) of Convention – Whether claim limitable under Art 2(1)(a) of Convention notwithstanding claim also within scope of disapplied Art 2(1)(d).

Words and phrases – “claims”, “comity”, “convention”, “disapplication”, “exclude the application of”, “force of law”, “generalia specialibus non derogant”, “limitation of liability”, “limiting ship”, “loss and damage”, “ordinary and common sense meaning”, “principles of treaty interpretation”, “raising, removal, destruction or the rendering harmless”, “reservation”, “right of reservation”, “scope”, “shipowner”, “State Parties”, “subject to limitation”, “wreck removal”.