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Title:
MS Westerhaven Schiffahrts et al. v.Belize
Party:
Belize
Region:
Latin America and the Caribbean
Type of document:
National - higher court
Date of text:
May 16, 2011
Data source:
InforMEA
Court name:
Court of Appeal
Justice(s):
Mottley, Sosa and Morrison.
Reference number:
No. 19/2010
ECOLEX subject(s):
Sea
Environment gen.
Abstract:
This is an appeal from a judgment given by Conteh CJ on 26 April 2010, in which he awarded damages in the sum of $11,519,047.00 to the respondent in an action brought on behalf of the Government of Belize (GOB) against the appellants. This action arose out of the grounding on 13 January 2009 on the Belize Barrier Reef of M/V Westerhaven, a seagoing ship of a gross tonnage of 7,541 tons. of a gross tonnage of 7,541 tons. The actual grounding occurred at a point some 56 kilometres from Belize City In this appeal, the shipowners challenge the award of damages in the court below on the grounds that the Chief Justice erred in holding (i) that the shipowners’ liability to GOB for damages arising out of the grounding was not limited by the operation of the Convention on Limitation of Liability for Maritime Claims 1976 ; and (ii) that GOB had sufficiently proved that it was entitled to damages in the sum awarded or at all. With regard to the question whether claims for environmental damage were contemplated by the framers of the 1976 Convention, I would therefore conclude that, in the same way as such claims were plainly subject to limitation under the 1957 Convention, they remain so subject under the 1976 Convention, save only insofar as they are excepted from limitation under the specific terms of Art. 3. The suggestion that, because there is no “market” for the Barrier Reef, it cannot be regarded as property, appears to conflate two distinct issues, that is, whether the Barrier Reef can be brought within the ordinary meaning of the word ‘property’ in Art. 2.1(a) of the 1976 Convention, and the consequential question of damages for the injury to the reef. GOB’s claim against the shipowners is therefore subject to limitation of liability, pursuant to the provisions of Art. 2.1(a), or, alternatively, Art. 2.1(c) of the 1976 Convention. The assessment of damages for the damage to the Barrier Reef beinga complex and challenging exercise the Appeal Court considered the award made by the Chief Justice was within the range of awards that were open to him on the evidence and affirmed the award of $11,510,000.00 to GOB in respect of the damage caused to the Barrier Reef by the grounding of the Westerhaven.