TasPorts Campbell Cove and York Cove shortly after Goliath crashed into them. Image: Greg Close

In short:Tasmania's ports operator is appealing against a Federal Court preliminary decision that would limit how much it can claim over a 2022 maritime crash in which two of its tugboats sank.TasPorts is seeking costs of nearly $22 million plus interest, including for salvage works, environmental clean-up and wharf repairs — but it says the court ruling could slash that by about $7 million.

What's next? TasPorts chief executive Anthony Donald said the company would appeal the decision that limits its claim.TasPorts is appealing a preliminary court decision that could slash about a third off its multi million dollar claim against the company responsible for sinking two of its tugboats.In January 2022, cement carrier the GOLIATH crashed into tugboats YORK COVE and CAMPBELL COVE , which were berthed at the Port of Devonport in northern Tasmania.Both tugs sank, spilling an estimated combined total of 64,000 litres of diesel fuel and other hydrocarbons into the Mersey River.

Most of the oil was contained, but people and their pets were urged at the time to stay clear of the water between Devonport and Latrobe.It took almost seven months to remove the tugs, with the York Cove requiring two cranes to lift it.

 Tugboats York Cove and Campbell Cove sank after cement carrier Goliath crashed into them.(Supplied: ATSB)

Later that year, TasPorts took the ship's owner CSL Australia to the Federal Court for allegedly breaching the contract under which Goliath entered the port, as well as negligence and public nuisance.

TasPorts is seeking costs of almost $22 million, plus interest.

The claim includes $2.17 million for the lost tugs, $114,869 for the loss of hydrocarbons, $2,958,595 for replacement hire tugs and $117,152 for damage caused to the wharf.The bulk of the claim, which amounts to $17,245,743, is for containment, removal and disposal of hydrocarbons, and retrieving the tugs.

CSL later lodged a limitation proceeding, attempting to limit its liability under maritime law.  TasPorts attempted to fight against it, arguing the company had no right to water down its liability, or that, if it did, that should not extend to wreck removal.  But Justice Angus Stewart found CSL was within its rights.

In the judgement, Justice Stewart detailed the long history of the limitation, including its role in accommodating international trade by sea "by encouraging investment by shipowners secure in the knowledge that they will not face potentially crippling unlimited liability, and enable them to obtain insurance which is not prohibitively expensive".

TasPorts chief executive Anthony Donald said the company would appeal the decision."The preliminary decision has not 'cast doubt' on TasPorts' claim; rather it has found that the most TasPorts can recover from CSL is [approximately] $15.1 million," he said in a statement.

          
In a report into the incident, the Australian Transport Safety Bureau (ATSB) found the Goliath was travelling with an incorrect steering setting, causing it to speed up as it negotiated a tight turn into the river. The bulk cement carrier was on a routine trip from Melbourne with 17 crew on board when the shipmaster felt it was "not swinging as expected". The crew attempted to stop the ship from moving forward by changing the steering setting, while being informed of the "rapidly decreasing clearances" between the ship and the tugs.

The ATSB also found senior members onboard the Goliath had not completed required bridge resource management training, which was described as a "universally accepted tenet" to the safe navigation of ships.The report detailed two previous incidents involving the steering system, where the ship made contact with the shore or wharf and, on one occasion, narrowly avoided collision with a tugboat.

Source : ABCnews   By Bec Pridham