Western Australian Current Acts Western Australian Current Acts (1) Where by fault of
2 or more vessels, damage or loss is caused to one or more vessels, to their
cargoes or freight, or to any property on board, the liability to make good
the damage or loss shall be in proportion to the degree in which each vessel
was in fault.
(1A) If, having regard
to all the circumstances of the case, it is not possible to establish
different degrees of fault, the liability shall be apportioned equally.
(2) Nothing in this
section shall operate so as to render any vessel liable to any loss or damage
to which her fault has not contributed.
(3) Nothing in this
section shall affect the liability of any person under a contract of carriage
or any contract, or shall be construed as imposing any liability upon any
person from which he is exempted by any contract, or by any provision of law,
or as affecting the right of any person to limit his liability in manner
provided by law.
(4) For the purposes
of this section the expression freight includes passage money and hire, and
references to damage or loss caused by the fault of a vessel shall be
construed as including references to any salvage or other expenses consequent
upon that fault recoverable at law by way of damages.
(5) In this section,
and sections 27 and 28, vessel includes any ship, boat, or any other
description of vessel used for any purpose on the sea or in navigation.
(6) Nothing in this
section and the next succeeding sections shall affect the right of an owner of
a vessel not itself in fault which has suffered damage or loss by reason of
the fault of 2 or more other vessels, to recover his damage or loss from the
owners of the vessels in fault jointly or severally.
[Section 26 amended: No. 19 of 2010 s. 51; No. 47
of 2011 s. 27.]