The owners of the ship or vessel “TINTOMARA” (IMO 9234599) of the port of Monrovia, Liberia v. The owners of the ship or vessel “PHUONG DONG STAR” (IMO number 9404572) of the port of Saigon, Vietnam

The owners of the ship or vessel “TINTOMARA” (IMO 9234599) of the port of Monrovia, Liberia v. The owners of the ship or vessel “PHUONG DONG STAR” (IMO number 9404572) of the port of Saigon, Vietnam

The Master found the plaintiffs acted reasonably in selecting and accepting Odessos' urgent repair quotation given the narrow repair window and lack of commercial leverage, and on the evidence allowed full recovery of the Odessos repair costs and ancillary expenses (crew overtime, superintendent attendance for 11...

Source-derived case information.

Citation
[2021] HKCFI 3849
Parties
Plaintiffs: Owners of TINTOMARA (vessel IMO 9234599); Defendants: Owners of PHUONG DONG STAR (vessel IMO 9404572)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 December 2021
Case Number
HCAJ34/2020
Procedural Posture
Admiralty Action in Rem Collision Damage Assessment / Assessment of Damages Before Master Following Referral by Order Dated 15 July 2020
Outcome
Plaintiffs' claims allowed in specified amounts: EUR172,064 and USD171,720.40; interest at judgment rate from date of judgment; costs to follow the event with an order nisi for costs of assessment.
Legal Topics
Assessment of Collision Damages, Reasonableness of Repair Decisions and Mitigation, Off Hire and Deviation Calculations, Recovery of Ancillary Costs (crew Overtime, Superintendent, Paint, Water, Chemicals), Evidence Sufficiency and Proof of Payment
Source Language
en
Admiralty and Maritime Law Tort Collision Civil Procedure Assessment of Damages Assessment of Collision Damages Reasonableness of Repair Decisions and Mitigation Off Hire and Deviation Calculations Recovery of Ancillary Costs (crew Overtime, Superintendent, Paint, Water, Chemicals) Evidence Sufficiency and Proof of Payment

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Parties

Owners of TINTOMARA (vessel IMO 9234599)

Plaintiffs

Owners of PHUONG DONG STAR (vessel IMO 9404572)

Defendants

Procedural Posture

Admiralty Action in Rem Collision Damage Assessment / Assessment of Damages Before Master Following Referral by Order Dated 15 July 2020

Legal Issues

  1. 1 Whether repair costs charged by Odessos were reasonable and recoverable
  2. 2 Whether plaintiffs were obliged to put repairs out to tender or obtain alternative quotations
  3. 3 Whether various ancillary expenses (crew overtime, superintendent attendance, paint, fresh water, chemicals) were collision-related and recoverable

Ratio Decidendi

The Master found the plaintiffs acted reasonably in selecting and accepting Odessos' urgent repair quotation given the narrow repair window and lack of commercial leverage, and on the evidence allowed full recovery of the Odessos repair costs and ancillary expenses (crew overtime, superintendent attendance for 11 days at US$1,500/day, primer/sealer paint, fresh water, chemicals), accepted agreed fuel and lubricant calculations and awarded off-hire for deviation and repair from 14 to 20 February 2020 (6.1333 days) plus deviation; defendants failed to adduce sufficient contrary evidence to displace plaintiffs' evidence of reasonableness and causation.

Court Disposition

Plaintiffs' claims allowed in specified amounts: EUR172,064 and USD171,720.40; interest at judgment rate from date of judgment; costs to follow the event with an order nisi for costs of assessment.

Orders

  • Judgment for plaintiffs in the sums of EUR172,064 and USD171,720.40
  • Interest on those sums at the judgment rate from date of judgment until payment in full