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.