8Shipping

8 Shipping

(1)  Section 4(1) applies to an action to recover seamen's wages, but otherwise the foregoing provisions of this Division do not apply to a cause of action within the Admiralty jurisdiction of the Courts of this State that is enforceable in rem.

(2)  An action to enforce a claim or lien against a vessel or her owners in respect of damage or loss to another vessel, her cargo or freight, or any property on board her, or damage for loss of life or personal injuries suffered by any person on board her, caused by the fault of the former vessel, whether that vessel be wholly or partly in fault, shall not be brought after the expiration of 2 years from the date on which the damage, loss, or injury was caused.

(3)  An action to enforce a claim or lien in respect of any salvage services shall not be brought after the expiration of 2 years from the date on which the services were rendered.

(4)  For the purposes of an action in a court, the court may extend the period mentioned in subsection (2) or subsection (3) to such extent and on such terms as it thinks fit, and shall, if it is satisfied that there has not, within that period, been a reasonable opportunity of arresting the defendant vessel within the jurisdiction of the court, or within the territorial waters of the country to which the plaintiff's vessel belongs or in which the plaintiff resides or has his principal place of business, extend that period to an extent sufficient to give a reasonable opportunity of so arresting the defendant vessel.

(5)  A period may be extended under this section notwithstanding that it has expired.

(6)  In this section –

freight includes passage money and hire;

vessel means a vessel used in navigation, other than air navigation, and includes a barge, lighter, or like vessel,

and a reference in this section to damage or loss caused by the fault of a vessel extends to any salvage or other expenses, consequent upon that fault, recoverable at law by way of damages.

(7)  Part III does not apply to a cause of action to which subsection (2) or subsection (3) applies.