Financial Liability

Humane Society International Inc. v. Kyodo Senpaku Kaisha Ltd.

Humane Society International Inc. v. Kyodo Senpaku Kaisha Ltd. [2015] FCA 1275 (November 18, 2015)
Federal Court of Australia

In earlier proceedings, the Federal Court of Australia issued injunctions blocking a Japanese whaling company (Kyodo Senpaku Kaisha Ltd.) from killing, injuring, taking, or interfering with any Antarctic minke whale, fin whale, or humpback whale in the Australian Whale Sanctuary unless specifically authorized under the Environment Protection and Biodiversity Conservation Act.  Para. 5. 

Chevron Corp. v. Yaiguaje

Chevron Corp. v. Yaiguaje [2015] SCC 42 (September 4, 2015)
Supreme Court of Canada   

Ecuadorian citizens who obtained a multi-billion dollar judgment against Chevron Corporation (Chevron) for extensive environmental pollution caused by oil operations in Ecuador brought an action to recognize and enforce the judgment in Canada.  Chevron sought to dismiss the case, claiming the Canadian court did not have jurisdiction. 

MS Westerhaven Schiffahrts et al. v Attorney General of Belize, Civil Appeal 19 of 2010 (16 May 2011) (Court of Appeal of Belize)

The Court of Appeal of Belize reviewed a lower court decision and limited the liability of the owners of the MS Westerhaven for damage to the reef based on application of the Convention on Limitation of Liability in Maritime Claims (LLMC Convention) .  Although the lower court found the ship owners’ liability to be BZ$11,510,000, the Court of Appeals found that the Convention limited the liability to US$2,009,347 (based on the size of the ship involved).  

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