ADVERTISEMENT OF APPLICATION TO LIMIT LIABILITY LIMITATION OF SHIPOWNERS LIABILITY MV GOLIATH
ADVERTISEMENT OF APPLICATION TO LIMIT LIABILITY LIMITATION OF SHIPOWNERS LIABILITY MV GOLIATH
Published: 29 September 2023
Form 24 Advertisement of application to limit liability limitation of shipowner’s liability
Rule 62(2) ADMIRALTY RULES 1988
No. NSD789 of 2022
Federal Court of Australia
District Registry: New South Wales
Division: General
In Admiralty
CSL Australia Pty Ltd (ACN 080 378 614)
Plaintiff
Tasmanian Ports Corporation (ACN 114 161 938) and others
Defendants
ADVERTISEMENT OF APPLICATION TO LIMIT LIABILITY LIMITATION OF SHIPOWNER’S LIABILITY
MV GOLIATH
NOTICE TO CLAIMANTS
- On 28 January 2022, the MV "Goliath" (IMO 9036430) (the Vessel) allided with the tugs “York Cove” (IMO 8844244) and “Campbell Cove” (IMO 7606023) (collectively the Tugs) in the vicinity of the wharf alongside Berth 3 West in the port of Devonport, Tasmania (Allision). As a result of the Allision the wharf was damaged, the Tugs sank in the Mersey River adjacent to the wharf and hydrocarbons escaped from the Tugs and entered the marine environment.
- By orders made on 25 September 2023, the Federal Court of Australia has now determined that the liability of CSL Australia Pty Ltd, the owner of the Vessel, for all claims (within the meaning of Article 2 of the 1976 Convention as amended and given force of law in Australia) against it arising out of the Allision, should be limited under the Limitation of Liability for Maritime Claims Act 1989 (Cth) to a total of AUD15,704,201 being the Australian dollar equivalent (including interest) of a limitation amount of 7,401,416 SDRs (Federal Court Proceeding No. NSD789/2022).
- Anyone who has a claim against CSL Australia Pty Ltd arising out of the Allision and/or these events and who wishes to enforce that claim against the limitation fund that has now been established should enter an appearance in the Court in the above proceedings before 29 November 2023, otherwise an order distributing the limitation fund may be made without notice to them.
- Anyone wishing to have the determination of the Court varied or set aside must apply to do so before 29 November 2023.
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