Perusahaan Perseroan (Persero) Pt Pertamina v. Trevaskis Limited; and All Other Persons Claiming or Being Entitled To Claim Damages Arising From a Collision between “Star Centurion” and “Antea”, Which Occurred on or About 13 January 2019 Off Horsburgh Light House, South China Sea

FAMV No. 633 of 2022

[2023] HKCFA 5

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 633 OF 2022 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV NO. 102 OF 2021)

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D E T E R M I N A T I O N

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Mr Justice Fok Ag CJ:

1.It is clear that the following question of great general or public importance is involved in the proposed appeal, namely:

“Where a Contracting State has enacted LLMC Article 2(1) in full into local law but has, by a provision of local law (pursuant to Article 18), disapplied (permanently or temporarily) head (d), is a shipowner nonetheless entitled to limit its liability for a Private Recourse Claim under head (a), or does the existence and/or suspension of head (d) exclude the shipowner’s reliance upon head (a) for such claims?”[1]

2.We are satisfied that this question is reasonably arguable and therefore grant leave to appeal in respect of it. We are also satisfied that the aforementioned question is sufficiently broad to encapsulate the other questions for which leave to appeal was sought as set out in the applicant’s Notice of Motion dated 7 December 2022 so that it is unnecessary to grant leave to appeal in respect of them or on the “or otherwise” basis.

3.We decline to grant a stay of the action as sought in the Notice of Motion.

4.The appeal will be listed for hearing on 20 June 2023.

Mr Clifford Smith SC and Mr Edward Alder, instructed by Reed Smith Richards Butler LLP, for the Plaintiff (Applicant)

Mr Charles Sussex SC and Mr Jason Yu, instructed by Howse Williams, for the Defendants (Respondents)