Acergy Shipping Ltd v Société Bretonne De Reparation Navale SAS (The “Acergy Falcon”) – QBD (Com Ct)(David Steel J) – 5 October 2011

Contract – Indemnity – Ship repair contract allocating responsibility for property damage – Vessel suffering fire damage during course of repair works – Whether repairer liable to indemnify shipowner

(2011) 832 LMLN 3

Limitation of Liability, Contractual Disputes

Société Telus Communications and Ors v Peracomo Inc and Ors (The "Realice") - Federal Court (Harrington J) - 6 May 2011

Limitation of liability - Limitation Convention - Fishing vessel's gear getting hooked on submarine fibre optic cable - Master of fishing vessel cutting submarine cable to release gear - Owners of cable bringing proceedings in personam and in rem - Whether defendants liable - Whether defendants entitled to limit liability - Whether underwriters entitled to deny coverage

(2011) 822 LMLN 3

Limitation of Liability, Insurance & Finance

Strong Wise Ltd v Esso Australia Resources Pty Ltd and Ors (The “APL Sydney”) – Federal Court of Australia (Rares J) – 18 March 2010

Limitation of liability – Ship dragging anchor and fouling submarine gas pipeline – Ship’s movements then causing further damage to pipeline and loss of gas - Whether one or more “distinct occasions” on which damage arose - 1976 Limitation Convention

(2010) 796 LMLN 2(2)

Limitation of Liability

Southpac Trucks Ltd v Ports of Auckland Ltd – Court of Appeal of New Zealand (O’Regan, Robertson and Baragwanath JJ) – 22 December 2008

Carriage of goods by sea – Limitation of liability – Cargo of trucks carried from Australia to New Zealand – Truck driven off vessel by sub-contractor of stevedoring company – Truck colliding with forkhoist driven by employee of stevedoring company – Whether stevedoring company entitled to limit liability under Carriage of Goods Act 1979

(2009) 761 LMLN 2

Limitation of Liability, Loss/Damage

Brennan International Transport Ltd and Anr v Blue Q Corporation and Anr – High Court of New Zealand (Asher J) – 18 December 2008

The second respondent, Melric International Ltd (“Melric”) was a New Zealand company which carried on business as an importer.

Metvale Ltd and Anr v Monsanto International SARL and Ors (The “MSC Napoli”) – QBD (Admlty Ct) (Teare J) – 9 December 2008

In January 2007 the MSC Napoli, a large container vessel, suffered damage in heavy weather and was beached on the south coast of England.

City of New York, as owner and operator of the M/V “Andrew J Barberi”, v Agni – US Court of Appeals (Second Circuit) (Sack, Katzmann and Raggi Ct JJ) – 27 March 2008

On 15 October 2003 the Staten Island ferry Andrew H Barberi, operated by the City of New York, crashed into a maintenance pier, killing 11 passengers and injuring many others.

Serena Navigation Ltd and Anr v Dera Commercial Establishment and Anr (The “Limnos”) – QBD (Com Ct) (Burton J) – 15 May 2008

A cargo of 43,998.66 tons of US corn was carried from Louisiana to Aqaba on the vessel Limnos.

Canadian Pacific Railway Co v Boutique Jacob Inc – Federal Court of Appeal (Noel, Nadon and Pelletier JJA) – 6 March 2008

Boutique Jacob Inc owned a cargo of women’s garments which it purchased in Hong Kong.

Carewins Development (China) Ltd v Bright Fortune Shipping Ltd – High Court of Hong Kong Special Administrative Region Court of Appeal (Ma CJ, Barma and Reyes JJ) – 13 July 2007

The defendant freight forwarders issued bills of lading to the plaintiffs for carriage of consignments of goods from Hong Kong to Los Angeles, California.

Royal Insurance Co of America and Anr v Orient Overseas Container Line Ltd (The “Canmar Pride”) – US Court of Appeals (Boggs CJ, Merritt and Moore Ct JJ) – 30 January 2008

Ford Motor Co entered into a “Transportation Services Main Agreement” (“TSM”) with the defendant (“OOCL”) for the multimodal transport of Ford’s auto-transmission racks from Blanquefort, France to various cities in the United States.

Ferryways NV v Associated British Ports – QBD (Com Ct) (Teare J) – 14 February 2008

On 26 October 2005 Oleksiy Prutskoy (“the deceased”), the Ukrainian chief officer of the vessel Humber Way, was killed during cargo operations at Immingham, a port operated by the defendant.

Yachting New Zealand Incorporated v Birkenfeld – Court of Appeal of New Zealand (Hammond, O’Regan and Ellen France JJ) – 9 August 2006

In 2002 a collision occurred between a rigid inflatable boat (“RIB”) owned by Yachting New Zealand (“YNZ”) and a windsurfing board ridden by Ms Birkenfeld. Ms Birkenfeld was severely injured and claimed damages against YNZ totalling $15 million.

Yachting New Zealand Incorporated v Birkenfeld (No 2) - High Ct (Keane J) - 22 July 2005

On 8 August 2002 a rigid inflatable boat owned by the plaintiff ("YNZ") and driven by Mr Bruce Kendall, collided with a windsurfing board, ridden by the defendant (Ms Birkenfeld) off the coast of Greece.