CSL Australia Pty Ltd ACN 080 378 614 v. Tasmanian Ports Corporation Pty Ltd ACN 114 161 938 & Ors

Lower Court Judgment

29/04/2025 Federal Court of Australia (Burley, Sarah C Derrington and O'Sullivan JJ) 

[2025] FCAFC 53 

Catchwords

Admiralty and Maritime Law – public International Law – contracts – where applicant’s vessel MV Goliath allided with the wharf and two berthed tugs owned by Tasmanian Ports Corporation (TasPorts) – where tugs sank and became wrecks and emitted diesel fuel into adjacent waters – where TasPorts claimed against applicant for the costs of recovery, removal and disposal of the tugs and bunker fuel – whether limitation of liability applies to such ‘wreck removal’ claims under Limitation of Liability for Maritime Claims Act 1989 (Cth) – proper construction and application of Arts 2(1)(a) and (d) of the Convention on Limitation of Liability for Maritime Claims 1976 as given force of law in Australia – applicable principles of treaty interpretation under Vienna Convention on the Law of Treaties 1969