Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Generalia specialibus non derogant

Legal area

Court

26 Jul 2023

PERUSAHAAN PERSEROAN (PERSERO) PT PERTAMINA v. TREVASKIS LIMITED; and all other persons claiming or being entitled to claim damages arising from a collision between “STAR CENTURION” and “ANTEA”, which occurred on or about 13 January 2019 off Horsburgh Light House, South China Sea

Citation

[2023] HKCFA 20
Court

Court of Final Appeal
Case number

FACV3/2023

Article 2(1)(d) is a specific, comprehensive factual category covering all wreck removal claims irrespective of the claimant's identity or legal basis; a Contracting State's reservation under Article 18(1) and Hong Kong's disapplication of Article 2(1)(d) by s15(3) of the Ordinance means wreck removal claims are not subject to limitation and cannot be limited by recourse to the general wording of Article 2(1)(a).
9 Nov 2022

PERUSAHAAN PERSEROAN (PERSERO) PT PERTAMINA v. TREVASKIS LTD AND OTHERS

Citation

[2022] HKCA 1672
Court

Court of Appeal
Case number

CACV102/2021

The CA upheld the Decision that on ordinary construction the wreck removal claim falls within Article 2(1)(d) of the 1976 Convention and, because a reservation under Article 18(1) excluded application of Article 2(1)(d), the claim was excluded from the limitation regime; overlap with other heads (eg (a)) did not permit reliance on those heads by operation of generalia specialibus non derogant; the plaintiff's contrary arguments were not reasonably arguable and leave to appeal was refused; stay refused; costs awarded.