Abstract

The article explores the topic of limitation of liability for maritime claims in terms of section 261 of the Merchant Shipping Act 57 of 1951 in the light of the decision in The Julian (MS “Bonanza” Schiffahrtgesellschaft mbH & Co, KG v Durban Coal Terminal Company (Pty) Ltd t.a Bulk Connexions (A50/2017) 2018 ZAKZDHC 6 (29 March 2018)) and the subsequent decision of the Supreme Court of Appeal in The MSC Susanna (MV “MSC Susanna”: The Owners and Underwriters of the MV MSC Susanna v Transnet SOC Ltd 2022 2 SA 85 (SCA)). In particular, it addresses the conclusion in The Julian that the entitlement of a shipowner to limit its liability under section 261 is restricted to claims that have been instituted in South Africa and submits that this is incorrect and inconsistent with the decision in The MSC Susanna.