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The Caraka Jaya Niaga III 11

1 byte added, 16:40, 17 March 2021
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'''Comment'''
 
This case clearly explains that the “Single Liability Principle” presupposes the existence of valid claims and counterclaims as described and applied in The Khedive. The decision in the present case confirms that the “Single Liability Principle” is not applicable in cases where a party’s counterclaim is time-barred under s.8 MCA 1911. In the event of a ship collision where both vessels are at fault, shipowners who wish to seek a legal remedy should take care to issue their counterclaim against the other party before the time limit expires, else they will not be able to bring or maintain proceedings due to the effect of s.8 MCA 1911.

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