The Owners and/or Demise Charterers of the Ship or Vessel “TS Singapore” v. The Owners and/or Demise Charterers of the Ship or Vessel “Xin Nan Tai 77” AND ANOTHER

The Owners and/or Demise Charterers of the Ship or Vessel “TS Singapore” v. The Owners and/or Demise Charterers of the Ship or Vessel “Xin Nan Tai 77” AND ANOTHER

Both Xin Nan Tai and Jakarta breached COLREGS and contributed to the 1st collision, but Xin Nan Tai was principally at fault for creating a close-quarters situation by failing to give way, failing proper lookout and making an inadequate late 10° alteration; Jakarta breached duties by inadequate lookout, excessive speed and improper port alterations but those faults were less causatively potent. Apportionment for both collisions is 80% Xin Nan Tai : 20% Jakarta; for the 2nd collision the parties agreed Singapore 5% and Xin Nan Tai and Jakarta 95% between them in the same 80:20 ratio.

Citation
The Owners and/or Demise Charterers of the Ship or Vessel “TS Singapore” v. The Owners and/or Demise Charterers of the Ship or Vessel “Xin Nan Tai 77” AND ANOTHER
Parties
Plaintiffs: The Owners and/or Demise Charterers of the Ship or Vessel TS Singapore; 1st Defendants: The Owners and/or Demise Charterers of the Ship or Vessel Xin Nan Tai; 2nd Defendants: The Owners and/or Demise Charterers of the Ship or Vessel MCC Jakarta
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 June 2017
Case Number
HCAJ49/2013
Procedural Posture
Admiralty Action in Rem (collision) / Trial of Liability — Judgment on Liability
Outcome
Judgment for apportionment of liability: both vessels at fault; Xin Nan Tai primarily liable.
Legal Topics
Collision at Sea, COLREGS Breaches, Apportionment of Liability, Nautical Assessor Evidence, Admiralty Practice and Costs
Source Language
EN
Admiralty Law Maritime Law Civil Liability Regulatory Law Collision at Sea COLREGS Breaches Apportionment of Liability Nautical Assessor Evidence +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

The Owners and/or Demise Charterers of the Ship or Vessel TS Singapore

Plaintiffs

The Owners and/or Demise Charterers of the Ship or Vessel Xin Nan Tai

1st Defendants

The Owners and/or Demise Charterers of the Ship or Vessel MCC Jakarta

2nd Defendants

Procedural Posture

Admiralty Action in Rem (collision) / Trial of Liability — Judgment on Liability

Legal Issues

  1. 1 Whether Xin Nan Tai breached COLREGS and caused the 1st collision
  2. 2 Whether Jakarta breached COLREGS and contributed causally to the 1st collision
  3. 3 Apportionment of liability for the 1st collision

Ratio Decidendi

Both Xin Nan Tai and Jakarta breached COLREGS and contributed to the 1st collision, but Xin Nan Tai was principally at fault for creating a close-quarters situation by failing to give way, failing proper lookout and making an inadequate late 10° alteration; Jakarta breached duties by inadequate lookout, excessive speed and improper port alterations but those faults were less causatively potent. Apportionment for both collisions is 80% Xin Nan Tai : 20% Jakarta; for the 2nd collision the parties agreed Singapore 5% and Xin Nan Tai and Jakarta 95% between them in the same 80:20 ratio.

Court Disposition

Judgment for apportionment of liability: both vessels at fault; Xin Nan Tai primarily liable.

Orders

  • Xin Nan Tai is 80% to blame and Jakarta 20% to blame for the 1st collision.
  • For the 2nd collision TS Singapore is 5% to blame and bears no liability for the 1st collision; Xin Nan Tai and Jakarta are together 95% to blame with their individual shares allocated in an 80:20 ratio (i.e. Xin Nan Tai 76%, Jakarta 19%).