This case arose from a collision at Pointe-à-Pierre involving the Alam Selaras (a vessel owned by the claimants) and a dumb bunker barge (owned by the intervenors). At the material time the barge was allegedly completely under the control of the Diamond Cay (a tug owned by the defendant). As a result of the accident the claimants filed this action. They say that their vessel sustained severe damage in excess of USD 285,223.16.

The parties asked the Court to determine the preliminary issue whether there is a limit on the quantum of liability for damage to property under the general law and under ss 358, 359-410 of the Shipping Act Ch. 50:10 (the Act) and, if so, what is that limit? The parties accepted that the quantum was one of two figures. On the one hand, if it was calculated under the formula set out under s 359 of the Act, it would amount to approximately USD 36,557.00. On the other hand, if effect is given to s 410 of the Act, then by virtue of the provisions of the Convention on the Limitation of Liability for Maritime Claims (LLMC 1976), there would be a substantial increase to approximately USD 260,000.00.

Held: Section 410 of the Act is unconstitutional, null and void and of no effect.

Section 410 of the Act provides: 'Where an international convention or other international instrument applies to Trinidad and Tobago and a provision of that convention or instrument and a provision of this act conflict in any manner, the provision of the convention or instrument shall prevail unless the Minister otherwise provides.' Although Trinidad and Tobago has acceded to the LLMC 1976, its terms have not been incorporated into our municipal law through the legislative process. The purported effect of s 410 is to amend s 354(2) of the Act (which provides the present limit) through an act of the Executive.

The Act makes provision for the registration and licensing of ships, matters relating to crews, safety of lives at sea and matters incidental thereto. In so far as s 410 is concerned, its scope is even more limited in applicability in that it fixes limitation of liability in maritime collisions. It is also a class of case which touches and concerns matters of broader international obligations because of the nature of the shipping business and the obvious need for confidence based on a uniformity of approach in matters of international maritime law and international trade. But it was conceded by the State that s 410 of the Act was inconsistent with ss 53 and 61 of the Constitution which are entrenched provisions. In those circumstances, in the absence of an amendment to the Constitution itself, this section of the Act cannot be construed as altering ss 53 and 61 of the Constitution, even for a special class of case. Section 410 of the Act is null and void and of no effect.

A declaration to this effect may have negative implications for persons engaged in an important sphere of international commercial activity and it may place the Government of Trinidad and Tobago in an unfavourable position in so far as its international obligations are concerned. But the situation can very easily be rectified by simply resorting to the procedure set out under the Constitution. This is hardly likely to be a contentious matter. It is not every day that the Government accedes to international Conventions. If they are to be meaningfully adhered to, steps must be taken to properly legislate them into effect.