Sanko Steamship Co Ltd v Sumitomo Australia Ltd [1995] HCA 50

Sanko Steamship Co Ltd v Sumitomo Australia Ltd [1995] HCA 50

The 1976 Limitation Convention does not apply to the grounding and sinking of the 'Sanko Harvest' as it occurred before 1 June 1991, the date upon which the 1976 Convention entered into force and was given statutory effect in Australia. The Brussels Convention has no continuing application after the repeal and denunciation of the relevant provisions.

Jurisdiction
Australia
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
['limitation of Liability' 'application of Conventions' 'interpretation of Statutes']
['maritime Law'] ['limitation of Liability' 'application of Conventions' 'interpretation of Statutes']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Does the 1976 Limitation Convention apply to the grounding and sinking of the 'Sanko Harvest' which occurred before 1 June 1991?" 'Does the Brussels Convention continue to apply after its repeal and Australia’s denunciation?']

Ratio Decidendi

The 1976 Limitation Convention does not apply to the grounding and sinking of the 'Sanko Harvest' as it occurred before 1 June 1991, the date upon which the 1976 Convention entered into force and was given statutory effect in Australia. The Brussels Convention has no continuing application after the repeal and denunciation of the relevant provisions.

Court Disposition

appeal dismissed with costs

Orders

  • ['The appeal is dismissed with costs.']