LEIGHTON CONTRACTORS (ASIA) LTD AND ANOTHER v. THE DEMISE CHARTERERS OF THE SHIP OR VESSEL “JIN LONG 381” AND OTHERS

LEIGHTON CONTRACTORS (ASIA) LTD AND ANOTHER v. THE DEMISE CHARTERERS OF THE SHIP OR VESSEL “JIN LONG 381” AND OTHERS

The court accepted the plaintiffs' evidence (Mr Bennett) as credible and sufficiently vouched; awarded $255,886 for removal/storage/dismantling of walkways (items B3 and B5), $189,000 for launch hire (item B7 based on the plaintiffs' methodology), and 23% of claimed overheads ($181,736) resulting from counsel's agreement, totalling $2,215,865; interest at 6% from dates items were incurred and an order nisi for plaintiffs' costs (taxed if not agreed).

Citation
LEIGHTON CONTRACTORS (ASIA) LTD AND ANOTHER v. THE DEMISE CHARTERERS OF THE SHIP OR VESSEL “JIN LONG 381” AND OTHERS
Parties
1st Plaintiff: Leighton Contractors (Asia) Limited; 2nd Plaintiff: Eco Aviation Fuel Development Limited; 1st Defendant: The demise charterers of the ship JIN LONG 381; 2nd Defendant: The owners of the ship JIN LONG 381
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 September 2011
Case Number
HCAJ150/2010
Procedural Posture
Admiralty Action (allision/negligence) / Assessment of Damages (post‑liability)
Outcome
Judgment for plaintiffs on assessment of damages (liability previously admitted); award entered on quantum and costs nisi made in favour of plaintiffs
Legal Topics
Allision, Assessment of Damages, Quantum, Overheads and Profit, Subcontractor Obligations, Interest, Costs
Source Language
EN
Admiralty Tort Negligence Contractual Interpretation Civil Procedure Allision Assessment of Damages Quantum +4 more

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Parties

Leighton Contractors (Asia) Limited

1st Plaintiff

Eco Aviation Fuel Development Limited

2nd Plaintiff

The demise charterers of the ship JIN LONG 381

1st Defendant

The owners of the ship JIN LONG 381

2nd Defendant

Procedural Posture

Admiralty Action (allision/negligence) / Assessment of Damages (post‑liability)

Legal Issues

  1. 1 Whether claimed removal, storage and reinstatement costs for walkways are recoverable and properly vouched
  2. 2 Whether launch hire costs should be borne by plaintiff or subcontractor (Tai Lee) under the subcontract
  3. 3 Whether claimed overheads include impermissible profit and what portion is recoverable

Ratio Decidendi

The court accepted the plaintiffs' evidence (Mr Bennett) as credible and sufficiently vouched; awarded $255,886 for removal/storage/dismantling of walkways (items B3 and B5), $189,000 for launch hire (item B7 based on the plaintiffs' methodology), and 23% of claimed overheads ($181,736) resulting from counsel's agreement, totalling $2,215,865; interest at 6% from dates items were incurred and an order nisi for plaintiffs' costs (taxed if not agreed).

Court Disposition

Judgment for plaintiffs on assessment of damages (liability previously admitted); award entered on quantum and costs nisi made in favour of plaintiffs

Orders

  • Plaintiffs awarded total damages of $2,215,865
  • Awarded amounts include $1,589,243 of items agreed between parties