Svitzer Salvage BV v Z Energy Ltd and Another – High Court in Admiralty (Goddard J) [2013] NZHC 2585 – 4 October 2013

Practice – Summary judgment – Plaintiff salvor concluding short-term charter with owners of bunker tanker to remove fuel oil from grounded vessel – Bunker tanker already on long-term charter – Plaintiff suing owners and charterers of bunker tanker seeking to set aside short-term charter for duress alternatively on equitable grounds or pursuant to section 7 of 1989 Salvage Convention – Defendants applying for summary judgment – Whether summary judgment should be granted

In the early hours of 5 October 2011 the vessel Rena ran aground on the Astrolabe Reef off the port of Tauranga in the Bay of Plenty. The grounding created a significant risk of pollution from discharge of heavy fuel oil and other oils onboard. Maritime New Zealand’s Marine Pollution Response Service declared the grounding a Tier 3 Emergency.