Northern Territory Consolidated Acts

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LIMITATION ACT - SECT 20

Admiralty actions

20. Admiralty actions

(1) In 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 similar vessel; and

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

(2) Section 12(1)(a) extends to a right to bring an action to recover a seaman's wages but otherwise sections 12 to 20 inclusive do not apply to a cause of action in rem in Admiralty.

(3) An action to enforce a claim or lien against a vessel or her owners in respect of damage or loss to another vessel, that other vessel's cargo or freight or any property on board her, or damage for loss of life or personal injuries suffered by a person on board that other vessel or caused by the fault of the first-mentioned vessel whether that vessel was partly or wholly at fault, is not maintainable after the expiration of a limitation period of 2 years from the date when the damage, loss or injury was caused.

(4) An action to enforce a claim or lien in respect of salvage services shall not be brought after the expiration of a limitation period of 2 years from the date when the salvage services were rendered.

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

(a) may extend the limitation period referred to in subsection (3) or (4) 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 principal place of business, extend the limitation period to an extent sufficient to give a reasonable opportunity of so arresting the defendant vessel.

(6) The provisions of Part III do not apply to a cause of action to which subsection (3) or (4) applies.



[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]