UNITED SALVAGE PTY LTD v LOUIS DREYFUS ARMATEURS SNC

[2007] Lloyd's Rep. Plus 87

FEDERAL COURT OF AUSTRALIA

Before Mr Justice Ryan, Mr Justice Kiefel and Mr Justice Dowsett

Shipping – International Convention on Salvage – Criteria for fixing salvage rewards under article 13 – Appeal – Role of appeal court – Whether primary judge failed to take into account risk of global and local failure – Whether potential liability of respondents to third parties is a valid consideration – Whether primary judge used salvage costs as benchmark – Whether the value of the salvage service depends upon the potential loss avoided – Whether primary judge took into account public policy of encouraging salvage operations – Evidence – Proof of beneficial ownership of vessel – Effect of failure to call material witnesses.