Victrawl Pty Ltd v. Aotc Ltd and Others

Abstract

Treaties — Effects — International Convention on Limitation of Liability for Maritime Claims, 1976 — Plaintiff company seeking to invoke relevant provisions — Article 2.1(a) of Convention — Applicability of Convention — Event giving rise to claim occurring before Convention entering into force in Australia — Whether Convention having retrospective application — Interpretation — Construction — Customary international law — Article 28 of the Vienna Convention on the Law of Treaties, 1969

Relationship of international law and municipal law — Treaties — Limitation of Liability for Maritime Claims Act 1989 giving effect in Australian law to International Convention on Limitation of Liability for Maritime Claims, 1976 — Section 6 of 1989 Act — Relevance of date of entry into force

Sea — Sea-bed — Damaged cable — Limitation of liability for maritime claims — Municipal law — International Convention on Limitation of Liability for Maritime Claims, 1976 — Plaintiff company seeking to invoke relevant provisions of Convention — Applicability — The law of Australia