In a judgment delivered on 29 April 2025, the Full Court overturned the earlier decision of the primary judge, Stewart J, who had held that on the proper construction of Article 2 of the Convention, CSL was entitled to limit its liability to TasPorts for costs incurred in the raising, removal and destruction of the wrecked tugs (despite Australia exercising its right of reservation under Article 18 of the Convention to disapply Article 2 insofar as it applied to limitation of claims for wreck removal). The Full Court has confirmed that in Australia, a shipowner is not entitled to limit its liability for wreck removal expenses, resulting in a favourable outcome for TasPorts and the operators of all other Australian ports and terminals.

The MinterEllison team was led by Chris Keane, leader of MinterEllison's Australian shipping and maritime practice, and Senior Associate Joshua McKersey, ably assisted by Senior Associate Emily Miers, Lawyer Jesper Choi and Law Clerk Simaima Gordon. The Counsel team comprised Shane Doyle KC, Matthew Harvey KC and Charles Street.

Chris Keane comments: "The judgment comes at the end of a very significant month for Limitation Convention jurisprudence, following the UK Supreme Court’s decision in the MSC Flaminia. It is welcome news for Australian port and terminal operators and other potential claimants pursuing shipowners for negligent acts and omissions necessitating the raising, removal and destruction of wrecks. The judgment also provides clarity as to the likely approach of Australian courts on an important aspect of limitation of liability for maritime claims. It remains to be seen whether the approach of the Full Court will be followed by the courts of other key maritime nations."