Important Judgments from the "You Win Some, You Lose Some" Department
1) Advised counsel of the appellant in the appeal to the High Court of Australia (the Supreme Court) in The "Bunga Seroja" (Great China Metal Industries Co. Ltd. v. Malaysian Shipping Corporation Berhad), (1998) 158 ALR 1 on the definition of "peril of the sea" under art. IV rule 2(c).
The High Court rejected the appeal 6-0 (ugh!) and held that an event may be a peril of the sea under the Hague Rules even if it was reasonably foreseeable or actually foreseen, provided the carrier exercised due diligence to make the ship seaworthy and the plaintiff has failed to establish the carrier's negligence.
2) Was on the winning side (the "good guys") in the definition and application of Canadian maritime law and the priority of the ship mortgages in Bender Shipbuilding v. M/V Drive Ocean V, 2000 AMC 1958 at pp. 1973-1974 (Editor's Note) (9 Cir. 2000).
3) Prepared a legal opinion in the case of The Leros Strength, pending before the Supreme Court of Norway, concerning admiralty jurisdiction over wrongful death claims arising out of marine casualties occurring in the Exclusive Economic Zone (EEZ). The Supreme Court of Norway supported unanimously (4 to 0) the position taken in this legal opinion.