Queensland Consolidated Acts

CIVIL PROCEEDINGS ACT 2011 - SECT 74

74 Other damages

(1) This section applies if, because of the fault of 2 or more ships, damage or loss is caused to 1 or more ships.

(2) The Civil Liability Act 2003 , chapter 2 , part 2 does not apply to a claim for the damage or loss.

Note—

The Civil Liability Act 2003 , chapter 2 , part 2 deals with proportionate liability.

(3) Each ship is liable for the damage or loss in proportion to the degree to which it was at fault.

(4) If it is not possible to establish different degrees of fault, each ship at fault is equally liable for the damage or loss.

(5) Nothing in this section makes a ship liable for damage or loss to which the ship’s fault has not contributed.

(6) Also, nothing in this section—

(a) affects a person’s liability under any contract; or

(b) imposes a liability on a person from which the person is exempted by any contract or law; or

(c) affects a person’s right to limit the person’s liability.

(7) For this section—

(a) damage or loss is caused to a ship if damage or loss is caused to—

(i) the ship; or

(ii) the ship’s cargo or freight, including passage money and hire; or

(iii) any property on board the ship; and

(b) damage or loss caused by the fault of a ship includes any salvage or other expenses resulting from that fault that are recoverable at law by way of damages.

Note—

For circumstances within the scope of the Navigation Act 2012 (Cwlth) , see section 176 (3) (b) of that Act.