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 August 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Contracts

Keystone XL Costs to Nearly Double - TransCanada

The total cost of TransCanada Corp's controversial Keystone XL pipeline is likely to nearly double following six years of regulatory delays, a company spokesman said on Friday.

Sulzer Shareholder has 5 pct Dresser-Rand Stake

Russian billionaire Viktor Vekselberg's Swiss investment firm Renova Group said on Friday it had a 4.99 percent stake in U.S.-based Dresser-Rand, which might become the object of a takeover battle.

Source: Siemens Offering $6.1 bln for Dresser Rand

Germany's Siemens plans to offer more than $6.1 billion, or $80 per share, for U.S. compressor and turbine maker Dresser-Rand, Germany's Manager Magazin said on Friday.

Legal

Chevron To Find Buyers for Hawaiian Refinery

Chevron Corp has hired an investment bank to identify potential buyers of its 54,000 barrel-a-day refinery in Kapolei on the Hawaiian island of Oahu, a company official said.

Exxon: U.S. to Allow Wind Down Ops in Russian Arctic

U.S. oil major Exxon Mobil said on Friday the U.S. Treasury Department granted it a license to wind down operations on a drilling well in the Kara Sea in the Russian Arctic.

Sulzer Shareholder has 5 pct Dresser-Rand Stake

Russian billionaire Viktor Vekselberg's Swiss investment firm Renova Group said on Friday it had a 4.99 percent stake in U.S.-based Dresser-Rand, which might become the object of a takeover battle.

 
 
Maritime Contracts Maritime Security Maritime Standards Naval Architecture Navigation Pipelines Salvage Ship Electronics Ship Simulators Sonar
rss | archive | history | articles | privacy | terms and conditions | 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: 0.2333 sec (4 req/sec)