New South Wales Consolidated Acts

LIMITATION ACT 1969 - SECT 22

22 Shipping

(1) Paragraph (a) of subsection (1) of section 14 applies to a cause of action to recover a seaman's wages, but otherwise sections 14 to 21 inclusive do not apply to a cause of action in rem in Admiralty.

(2) An action on a cause of action to enforce a claim or lien against a vessel or her owners in respect of any damage or loss to another vessel, her cargo or freight, or any property on board her, or damage for loss of life or personal injuries suffered by any person on board her, caused by the fault of the former vessel, whether such vessel be wholly or partly in fault, is not maintainable if brought after the expiration of a limitation period of two years running from the date when the damage loss or injury is caused.

(3) An action on a cause of action to enforce a claim or lien in respect of any salvage services is not maintainable if brought after the expiration of a limitation period of two years running from the date when the salvage services are rendered.

(4) For the purposes of an action in a court, the court--

(a) may extend the limitation period mentioned in subsection (2) or subsection (3) to such an extent and on such terms as it thinks fit, and

(b) shall, if satisfied that there has not during the limitation period been a reasonable opportunity of arresting the defendant vessel within the jurisdiction of the court, or within the territorial waters of the country to which the plaintiff's vessel belongs or in which the plaintiff resides or has his or her principal place of business, extend the limitation period to an extent sufficient to give a reasonable opportunity of so arresting the defendant vessel.

(5) For the purposes of this section--

(a)
"freight" includes passage money and hire,

(b)
"vessel" means a vessel used in navigation, other than air navigation, and includes a barge lighter or like vessel, and

(c) reference to damage or loss caused by the fault of a vessel extends to any salvage or other expenses, consequent upon that fault, recoverable at law by way of damages.

(6) Part 3 does not apply to a cause of action to which subsection (2) or subsection (3) applies.