Maritime Casualty, Pollution, and Salvage

Highlights

• The MY Ferry 2: Lead counsel in the Federal Court, Court of Appeal, and the High Court for a shipowner in a collision claim caused by a barge under tow. The judgments considered whether discrepancies in the Marine Department’s investigation nevertheless allowed the claimant to arrest the barge for damage. See Owners of the Ship or Vessel ‘MY Ferry 2’ v. Owners and/or Demise Charterers of the Ship or Vessel ‘KKD000132-T’ & Anor [2020] MLJU 298, High Court ; [2021] MLJU 738, Court of Appeal.

• The Tanjung Pinang 1: The claim of USD37 million arose when the vessel’s anchor snagged an underwater oil pipeline, causing pollution. The shipowner attempted to limit liability, relying on The International Convention Relating to the Limitation of Liability of Owners of Seagoing Ships 1957. Clive was junior counsel representing the shipowner, see Newfield Peninsula Malaysia Inc. v. The Owners of the Ship or Vessel ‘Tanjung Pinang 1’ [2013] 10 MLJ 650, High Court.

• The Trident Star : Clive represented the carrier Maersk in limitation decree proceedings sought under the Civil Liability Convention 1992. The claim arose from the discharging operations of the ‘Trident Star’ in August 2016 at the Tanjung Bin Terminal, Johor. About 19 vessels belonging (or chartered by) Maersk had their hulls fouled.