Damages for Negligent Port State Control Inspection and Detention

Friday, June 11, 2004
The Federal Court of Canada ruled that the Government of Canada is liable in damages for the negligent port state control (PSC) inspection and detention of a foreign vessel. In the instant case, a Canadian PSC boarding officer, trained as a machinery inspector, but not as a naval architect, determined after a cursory inspection that certain frames on the vessel were excessively wasted and must be replaced before the vessel could depart the port. His arbitrary determination was inconsistent with the standards of the flag administration and the classification society and its basis was not substantiated. The ship owner’s appeal was denied by higher authority within the Canadian Government following a delayed and perfunctory review. The court determined that detentions under the SOLAS Convention and the Tokyo MOU must be based on clear grounds of noncompliance following a detailed inspection of the vessel and that delay caused by the detention must be minimized to the extent feasible, which did not occur in this instance. The ship owner was improperly required to undertake unnecessary and extensive repairs in the Canadian port, rather than being allowed to sail to a foreign port where repairs would have been less costly. Damages were awarded to the ship owner in the amount of C$4,344,859.47, plus prejudgment interest in the amount of C$1,624,212.75. Budisukma Puncak Sendirian Berhad v. Canada, Docket: T-609-99 (Can. Fed. Ct., April 5, 2004). Source: HK Law
Maritime Reporter April 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Contracts

Double Order for Super Gloria Reachstacker

Kalmar, part of Cargotec, has gained an order for two Super Gloria reachstackers from Tadarsa Logistics S.L. in Aviles, Spain. The largest reachstackers ever built,

Algoma Central Orders New Great Lakes Ships

Algoma Central Corporation announces $160 million investment in fleet expansion and fleet renewal   Algoma Central Corporation announced that it has acquired

Russia, France Close to Deal on Mistrals

Russia and France are close to reaching an agreement for Paris to cancel a frozen contract on the sale of Mistral helicopter carriers and reimburse Moscow, a Russian

Legal

5th Floating Accommodation for Lerwick

A further accommodation ship, Ocean Atlantic, is due at Lerwick on Monday 27 April 2015 and is on its way from Portland in Dorset. As with the other floating accommodation at the port,

Double Order for Super Gloria Reachstacker

Kalmar, part of Cargotec, has gained an order for two Super Gloria reachstackers from Tadarsa Logistics S.L. in Aviles, Spain. The largest reachstackers ever built,

BIMCO Welcomes EU Decision on Migrants

BIMCO has stated today that it appreciates the new efforts by EU leaders to reduce increasing reliance on merchant shipping to rescue the growing numbers of

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Security Naval Architecture Navigation Offshore Oil Pipelines Pod Propulsion Port Authority Ship Repair
rss | archive | history | articles | privacy | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1279 sec (8 req/sec)