Qenos Pty Ltd v Ship ‘APL Sydney’ [2009] FCA 1090

Qenos Pty Ltd v Ship ‘APL Sydney’ [2009] FCA 1090

Claims for pure economic loss suffered by the plaintiffs resulting from damage to the pipeline are covered by limitation under Art 2.1(a) of the 1976 Convention as 'consequential loss', and alternatively under Art 2.1(c) as 'other loss resulting from infringement of rights other than contractual rights.'

Parties
Plaintiff: Qenos Pty Ltd; Defendant: Ship 'APL Sydney'; Plaintiff: Huntsman Chemical Co Australia Pty Ltd; Defendant: The Ship 'APL Sydney'
Jurisdiction
Australia
Judgment Date
25 September 2009
Procedural Posture
Admiralty Limitation of Liability / Determination of Preliminary Issue Whether Claims Fall Within Limitation Fund Under 1976 Convention
Outcome
Plaintiffs' claims are subject to limitation under the 1976 Convention; plaintiffs cannot recover beyond the limitation fund.
Legal Topics
Limitation of Liability, Pure Economic Loss, Treaty Interpretation
Admiralty Maritime Law International Law Limitation of Liability Pure Economic Loss Treaty Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Qenos Pty Ltd

Plaintiff

Ship 'APL Sydney'

Defendant

Huntsman Chemical Co Australia Pty Ltd

Plaintiff

The Ship 'APL Sydney'

Defendant

Procedural Posture

Admiralty Limitation of Liability / Determination of Preliminary Issue Whether Claims Fall Within Limitation Fund Under 1976 Convention

Legal Issues

  1. 1 Whether claims for pure economic loss are covered by the Convention on Limitation of Liability for Maritime Claims 1976
  2. 2 Interpretation of Art 2.1(a) and (c) of the Convention

Ratio Decidendi

Claims for pure economic loss suffered by the plaintiffs resulting from damage to the pipeline are covered by limitation under Art 2.1(a) of the 1976 Convention as 'consequential loss', and alternatively under Art 2.1(c) as 'other loss resulting from infringement of rights other than contractual rights.'

Court Disposition

Plaintiffs' claims are subject to limitation under the 1976 Convention; plaintiffs cannot recover beyond the limitation fund.