Ian, Davis (1998) Perils of the sea: The 'Bunga Seroja' case. Maritime Studies (103). pp. 27-31. ISSN 0726 6472
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The High Court of Australia has recently restated the principles that the ‘Perils of the Sea’ may be foreseeable and foreseen. In its judgment of 22 October 1998 on Great China Metal Industries Co Ltd v Malaysian International Shipping Corp Bhd (The ‘Bunga Seroja’), the High Court considered in detail the history, and meaning of the perils of the sea defence in the Hague Rules and Hague-Visby Rules, and has restated the approach adopted in Australian law that perils of the sea do not have to be unforeseeable, or even unforeseen, to constitute a defence under the Rules. The High Court considered in detail UK and North American cases which had adopted a narrower meaning, and rejected them.
| Item Type: | Articles |
|---|---|
| Keywords: | Australia, Safety at Sea, Disaster Management, VMS, UNCLOS, ICJ, Netherlands, Legal Issues, Legislation, LOS, Sea Worthiness, Vessels, Seafarers, MCS, Dispute |
| Subjects: | Right to Resources |
| Depositing User: | Chitti Babu ICSF |
| Date Deposited: | 10 Jun 2022 11:38 |
| Last Modified: | 10 Jun 2022 11:38 |
| URI: | http://icsfarchives.net/id/eprint/11870 |
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