THE WHEELS have been set in motion for what could prove to be the most costly litigation yet stemming from an in-port accident in Cape Town - the Case of the Runaway Oil Rig - with the lodging of a fistful of damages claims totalling more than R60 million
Contrary to an opinion expressed last July by the Mother City's port capain John Woodend, a claim alleging negligence was filed last week against Portnet by lawyers acting on behalf of the French owners of the Liberian-registered oil rig South Sea Driller.
Maritime attorney Gavin Fitzmaurice of Findlay and Tait confirmed earlier this week to FTW that Portnet was being sued for just over 4,5 million US Dollars (R31,5 million) for damage to the rig's port pontoon and main platform deck and repairs to machinery and equipment.
Portnet, in turn, is suing Durand Maritime SNC, owners of the rig, for R4,3 million in respect of damage to a container terminal crane.
On a day in February 1999, South Sea Driller, in port for its annual refurbishment, came adrift from its moorings in howling winds of about 76 knots.
It ploughed through the container basin, holing the container vessel Mbashi on charter to Safbank in her starboard bunker tanker.
Thereafter, the rig holed P&O Nedlloyd's City of Cape Town in a forward void space, struck the Portnet container crane distorting the boom, hit a Russian fishing trawler Limb and two other vessels, the Yahata Maru 68 and Southern Harrier, before finally coming to rest.
Fitzmaurice told me: It would certainly appear that at the time of the casualty safety measures were inadequate within the port, particularly given the strength of the winds at the time.
In its plea to Portnet's claim against South Sea Driller, Findlay and Tait makes the point that the authority exercises control over the port, earns revenue from its use and owes a duty to users to make it safe for navigation and berthing.
It is furthermore Portnet's duty, the law firm maintains, to ensure that tugs are available in the event of an emergency such as a vessel breaking free from its moorings which, it is claimed, was causd by Portnet's negligence and breach of its duty of care.
It says further that Portnet approved the moorings at Quay 500 which were inadeqate, having regard to wind and sea conditions at the time.
Apart from Portnet's claim against the owners of South Sea Driller, the followng additional claims have been lodged against the rig, since repaired and once again operational off the South African east coast.
l 660 000 US Dollars plus R800 000 by P&O Nedlloyd in respect of damage to the City of Cape Town.
l 1 million US Dollars by the owners of the Mbashi for contact damage, drydocking and loss of earnings.
l R1,1 million plus $250 000 by the owners of the Yahata Maru 68 for repairs and loss of fishing profits.
l R1,75 million by the owners of Southern Harrier for contact damage
l 140 000 US Dollars by the Sheriff of Cape Town for losses he claims were incurred while the vessel was under arrest. She was later repaired but only fetched 225 000 US Dollars on auction sale as opposed to the original estimate of 800 000 US Dollars.
Six Cape Town and Durban law firms, half of them representing Portnet, are involved in what could be a lengthy legal procedure. Whether or not the matter will be heard as one action has not yet been determined and it is only likely to come to trial a year hence.
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