Swire Pacific Offshore Services (Pte) Ltd v MV ‘Roxana Bank’ and Another

The MV Roxana Bank suffered mechanical failure while anchored off Mossel Bay and drifted dangerously close to a submarine oil pipeline. Assistance was requested from the nearby MV Pacific Lance, which towed the Roxana Bank to safety. Swire Pacific Offshore Services (Pte) Ltd, which exercised operational control over the Pacific Lance but was neither its owner nor demise charterer, instituted an in rem action in the Cape High Court against the Roxana Bank and its cargo, claiming a salvage reward. The High Court granted absolution from the instance on the basis that the appellant lacked locus standi to claim salvage, as it was not within the accepted categories of persons entitled to a salvage reward. Swire Pacific Offshore Services appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The order granting absolution from the instance was set aside and replaced with an order dismissing the application for absolution, with costs.

This case is significant in South African admiralty law for confirming that there is no numerus clausus of persons entitled to a salvage reward. It clarifies that entitlement depends on substantive control and risk rather than formal ownership or charter status, thereby aligning South African salvage law with modern English and international salvage principles.