Budisukma Puncak Sendirian Berhad and Anr v HM The Queen in the Right in Canada and Ors (The "Lantau Peak") - Federal Ct (Trial Div) (Hargrave P) - 20 August 2003

Port state control - SOLAS Convention - Section 310 Canada Shipping Act - Vessel detained at Vancouver by Canadian steamship inspectors on basis that major repair work required - Shipowners bringing proceedings against inspectors and Crown alleging negligence in relation to the decision to detain and claiming damages sustained as a result of vessel's detention - Defendants moving to strike out claim for disclosing no reasonable cause of action - Whether claim should be struck out

The bulk carrier Lantau Peak was detained in Vancouver in April 1997 after inspection by two Canadian steamship inspectors. The inspectors considered that as a result of wastage of the ship's frames, major repair work was required as a condition of release. On the other hand, the vessel's classification society surveyor took the view that minor repairs having been completed and a certificate of seaworthiness having been issued, the vessel was fit to proceed on her voyage. The owners of the vessel wished to move her into a jurisdiction in which permanent repairs could be done more economically than Vancouver. The authorities refused to release the vessel. Major repair work was carried out at Vancouver at a higher cost than would have been the case in some offshore shipyards. The vessel departed Vancouver on 13 August 1997.