CML CMI Database: PDL International Pte Ltd v Cruz Holdings Ltd, 24 February 2023

This was an appeal from an interlocutory judgment of the High Court refusing the appellant charterer’s application that it was entitled to limit its liability by reference to the limitation fund constituted by the first respondent (the original plaintiff) as the owner of the MV Southern Phoenix, a vessel that capsized in the Port of Suva: for the earlier proceedings, see CMI1613 and CMI1785. The appellant argued that the provisions of the Marine Transport Act 2013 (the Act) should be interpreted by reading into the Act the deeming provisions of art 11.3 of the LLMC 1976, even though Fiji is not a signatory to the Convention.

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https://cmlcmidatabase.org/pdl-international-pte-ltd-v-cruz-holdings-ltd-0

The CML CMI database of Judicial Decisions on International Conventions aims to make these decisions more accessible to the worldwide maritime community, in the hope that this will foster comparative research and uniformity of interpretation of international maritime law. This project, which is undertaken and hosted by the Centre for Maritime Law of the National University of Singapore in collaboration with the Comité Maritime International, builds on the foundation laid by Francesco Berlingieri in his earlier CMI database of jurisprudence on maritime conventions.

Visit the database at: https://cmlcmidatabase.org/pdl-international-pte-ltd-v-cruz-holdings-ltd-0