Gulating Court of Appeal Judgement in the Case Between Prosafe & Westcon

Source: 4/15/2021, Location: Europe

Reference is made to press release dated 8 March 2018 in which Prosafe informed that the Stavanger District Court issued its judgement in favour of Prosafe in respect of the dispute between Westcon Yards AS (Westcon) and Prosafe relating to the conversion of the Safe Scandinavia into a tender support vessel.

The Stavanger District Court decided in 2018 that Westcon must pay Prosafe NOK 344 million plus interest and NOK 10.6 million in legal costs. Westcon filed an appeal, and Prosafe filed a counter appeal on 28 May 2018.

The Gulating Court of Appeal has today decided that Prosafe shall pay to Westcon NOK 302,510,457 plus interest and legal costs, in total about NOK 465 million.

The judgement implies full payment to Westcon of the amount claimed.

Compared to the judgement in the first instance by the Stavanger District Court, the result in the Gulating Court of Appeal is a complete reversal of the result.

A judgement from a Court of Appeal is usually final, as the possibilities of further appeal are very limited.

“We take note of the extremely disappointing and surprising judgement from the Gulating Court of Appeal. It is difficult to understand how two courts can reach such complete opposite results” , says Jesper K. Andresen, CEO of Prosafe.

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