Transnet Ltd (t/a National Ports Authority) v MV “Cleopatra Dream” and Anr – (South Africa Supreme Court of Appeal)(Brand, Lewis, Heher, Malan and Seriti JJA) – 11 March 2011

Salvage – Port authority rendering assistance to vessel in distress within confines of port – Port authority claiming salvage reward – Whether services had to be rendered voluntarily – Whether services rendered by port authority were rendered pursuant to statutory or common law duty – Effect of 1989 Salvage Convention

(2011) 835 LMLN 4

Salvage

The “Ocean Crown” – QBD (Admlty Ct)(Gross J) – 26 November 2009

Salvage – Award – High salved fund value – Whether tribunal entitled to take into account possibility that salvors might experience difficult economic conditions in future – Whether permissible to take into account actual economic conditions experienced between date of termination of the services and date of award – Whether principle in The Amerique applicable to all types of salvage cases, including complex and comprehensive cases

(2009) 784 LMLN 2

Salvage

Cape Flattery Ltd v Titan Maritime LLC (The “Cape Flattery”) – US District Court for the District of Hawaii (J Michael Seabright DJ) – 19 March 2009

Arbitration – Salvage agreement - Vessel running aground on submerged reef – Shipowners entering into salvage agreement containing London arbitration clause – Shipowners held liable for oil spill under Oil Pollution Act 1990 – Shipowners alleging that salvors acted with gross negligence – Shipowners seeking indemnity or contribution from salvors – Whether dispute fell within scope of arbitration clause

(2009) 780 LMLN 3

Procedure, Salvage

The owners of the vessel “Voutakos”, her bunkers stores and cargo v Tsavliris (International) Ltd – QBD (Admlty Ct) (David Steel J) – 10 July 2008

Salvage – Award – “Disparity principle” – Whether principle that salvage awards in straightforward towage cases should be influenced by commercial rates “seriously flawed”

(2008) 750 LMLN 3

Awards, Salvage

Tsavliris Salvage (International) Ltd v The Grain Board of Iraq (The “Altair”) – QBD (Com Ct) (Gross J) – 1 April 2008

On 28 August 2006 the vessel Altair, laden with a cargo of wheat, grounded on sand and shingle in Kuwaiti waters close to her destination of Umm Qasr.

United Salvage Pty Ltd v Louis Dreyfus Armateurs SNC – Federal Court of Australia – Full Court (Ryan, Kiefel and Dowsett JJ) – 1 August 2007

On 27 March 2002 the bulk carrier La Pampa grounded in the Auckland channel when her steering gear failed on leaving the Clinton Loading Berth in Gladstone Harbour.

The “Tramp” – QBD (Admlty Ct)(David Steel J and Nautical Assessor) – 18 January 2007

The claimants were the owners of the tug Sea Tractor, her master, officers and crew. The defendants were the owners of the vessel Tramp. The claimants sought to recover salvage remuneration in respect of services rendered by the Sea Tractor to the Tramp.

RMS Titanic Inc v The Wrecked and Abandoned Vessel believed to be the RMS Titanic – US Ct of Appeals (4th Circuit) (Wilkins CJ, and Niemeyer and King Ct JJ) – 31 January 2006

For over 10 years the plaintiff had functioned as the exclusive salvor-in-possession of the wreck of the Titanic which lay in international waters.

Galaxy Special Maritime Enterprise v Prima Ceylon Ltd (The “Olympic Galaxy”) - Court of Appeal (Mummery, Buxton and Longmore LJJ) - 3 May 2006

On 10 July 2004 the vessel Olympic Galaxy grounded off Trincomalee and had to be salved. The vessel was carrying a cargo of Australian wheat owned by the defendant (“Prima”) from Fremantle in Western Australia for delivery at Trincomalee.

Early Recovered Resources Inc v HM in Right of The Province of British Columbia and Ors - Federal Ct (James Russell J) - 18 July 2005

In January 1999 the plaintiff recovered 65 floating logs from the Fraser River in the Vancouver Log Salvage District.

Ensco Offshore Company v Titan Marine LLC - US District Ct (SD Texas) (Hanen DJ) - 24 February 2005

The plaintiff's rig, ENSCO 64, located 90 miles south of the coast of Louisiana in the Gulf of Mexico, was severely damaged by Hurricane Ivan in September 2004.

Swire Pacific Offshire Services (Pte) Ltd v MV "Roxana Bank" and Anr - Supreme Court of Appeal (Scott, Farlam, Nugent, Conradie and Cloete JJA) - 2005 (2) SA 65

On 5 January 2002 the vessel Roxana Bank experienced mechanical problems with her main engine while lying at anchor, and the prevailing weather conditions caused her to drag her anchor so that she was in danger of colliding with a submarine oil pipeline.

The Owners etc of the Tugs Maridive VII, Maridive XIII, Maridive 85 and Maridive 94 v The Owners etc of the Oil Rig Key Singapore - QBD (Com Ct) (David Steel J) - 6 October 2004

Arrangements were made for the claimants' tugs to tow the respondents' jack up rig Key Singapore a distance of 38 miles from the West Akhen Field in the Eastern Mediterranean to the Port Fouad SW 2 Field, north of Port Said.

Brooks Aviation Inc v The wrecked and abandoned Boeing SB-17G aircraft Serial No 44-83790 and Ors - Federal Ct (MacKay J) - 17 May 2004

The plaintiff undertook a search for a USAF "flying fortress" B17 bomber which had had to make a forced landing on the frozen surface of Lake Dyke, Labrador in December 1947, and which ultimately came to rest at the bottom of Lobstick Lake.