This is an appeal from the judgment of Conteh CJ in The Attorney-General of Belize v MS Westerhaven Schiffahrts GmBH & Co KG (CMI452), in which the judge awarded damages in the sum of BZD 11,519,047.00 to the respondent in an action brought on behalf of the Government of Belize against the appellant shipowners. This action arose out of the grounding of the Westerhaven on the Belize Barrier Reef in January 2009.

In this appeal, the shipowners challenge the award of damages in the court below on the grounds that the Chief Justice erred in holding that: (i) the shipowners’ liability for damages arising from the grounding was not limited by the operation of the Convention on Limitation of Liability for Maritime Claims 1976 (LLMC 1976); and (ii) the Government of Belize had sufficiently proved that it was entitled to damages in the sum awarded, or at all.

There is no challenge on this appeal to Conteh CJ’s express finding that the LLMC 1976 'is operational and effective and the applicable instrument' for the purposes of limitation of liability for maritime claims in Belize. This conclusion finds conclusive support in s 3(1) of the International Maritime Organization Conventions Act 2008, read together with item 1 appearing in the Schedule to the Act.

Held: Appeal allowed in part. The Government of Belize's claim against the shipowners in this case is subject to limitation of liability pursuant to the provisions of the LLMC 1976.

The Belize Barrier Reef can reasonably be regarded as 'property' and therefore be brought within the language of art 2.1.a of the LLMC 1976. There is absolutely no contradiction between the reef being considered to be the property of Belize and its being 'part and parcel of the national patrimony of Belize' and of importance to 'the common heritage of mankind', as Conteh CJ described it. The ordinary meaning of art 2.1.a of the LLMC 1976 is plain and entirely consonant with the object and purpose of the LLMC 1976. There is therefore no basis for resort to be had to any 'supplementary means' of interpretation, such as the language used in other international Conventions.

Article 2.1.c of the LLMC 1976 permits shipowners to limit their liability as regards 'claims in respect of other loss resulting from infringement of rights other than contractual terms, occurring in direct connexion with the operation of the ship or salvage operations'. Conteh CJ’s conclusion on this aspect of the matter was that, although there was no doubt that 'the injury or damage was inflicted in connection with the operation of the ship Westerhaven', the claim in this case was 'clearly sui generis and does not flow from infringement of rights whether or not contractual'. However, the negligent acts or omission of the master and crew of the Westerhaven which caused the grounding were an infringement of the rights of the Government of Belize as owner of the reef, which gave rise to a legally enforceable claim against the shipowner. It follows that, even if the Government of Belize's claim does not come within art 2.1.a of the LLMC 1976 as a claim in respect of damage to property, it can alternatively come within art 2.1.c, as a claim in respect of 'other loss' (that is, other than a loss falling within art 2.1.a or 2.1.b) 'resulting from infringement of other than contractual rights, occurring in direct connexion with the operation of the ship'.