Smit Salvage BV & Ors v Luster Maritime SA & Anor

Smit Salvage BV & Ors v Luster Maritime SA & Anor

No binding contract was concluded between claimants and defendants; parties agreed remuneration terms but made clear intention to be bound only upon agreement of full contract wording, which was never achieved; claimants acted as volunteers and are entitled to pursue salvage claim.

Parties
Claimant: SMIT Salvage B.V.; Claimant: Baggermaatschappij Boskalis B.V.; Claimant: Ocean Marine Egypt S.A.E.; Claimant: Augustea Ship Management SRL; Defendant: Luster Maritime S.A.; Defendant: Higaki Sangyo Kaisha Limited
Jurisdiction
England and Wales
Judgment Date
30 March 2023
Procedural Posture
Salvage Claim / Trial of Preliminary Issue
Outcome
No binding contract concluded; claimants entitled to pursue salvage claim.
Legal Topics
Salvage, Contract Formation, Authority, Remuneration, No Cure No Pay, Wreckhire, LOF
Maritime Law Contract Law Salvage Contract Formation Authority Remuneration No Cure No Pay Wreckhire +1 more

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Parties

SMIT Salvage B.V.

Claimant

Baggermaatschappij Boskalis B.V.

Claimant

Ocean Marine Egypt S.A.E.

Claimant

Augustea Ship Management SRL

Claimant

Luster Maritime S.A.

Defendant

Higaki Sangyo Kaisha Limited

Defendant

Procedural Posture

Salvage Claim / Trial of Preliminary Issue

Legal Issues

  1. 1 Whether a binding contract for salvage services was concluded on 26 March 2021
  2. 2 Whether claimants acted as volunteers entitled to salvage under common law
  3. 3 Whether authority existed for defendants to conclude contract

Ratio Decidendi

No binding contract was concluded between claimants and defendants; parties agreed remuneration terms but made clear intention to be bound only upon agreement of full contract wording, which was never achieved; claimants acted as volunteers and are entitled to pursue salvage claim.

Court Disposition

No binding contract concluded; claimants entitled to pursue salvage claim.

Orders

  • Preliminary issue determined in favour of claimants; claimants may proceed with salvage claim.