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 were causes of the collisions, but Xin Nan Tai bore the greater responsibility for creating the close-quarters situation by failing to take early and substantial action and by inadequate lookout; Jakarta also breached lookout and made improper helm orders but was less blameworthy; liability apportioned 80% to Xin Nan Tai and 20% to Jakarta for the 1st collision and the same apportionment applies to the 2nd collision; TS Singapore is 5% liable for the 2nd collision and not liable for the 1st collision as per settlement.

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
Plaintiff (hcaj 158/2012 & HCAJ 49/2013): The Owners and/or Demise Charterers of the Ship or Vessel TS Singapore; Plaintiff (hcaj 48/2011); 2nd Defendant (hcaj 158/2012 & HCAJ 49/2013): The Owners and/or Demise Charterers of the Ship or Vessel MCC Jakarta (aka Jakarta); Defendant (hcaj 48/2011); 1st Defendant (hcaj 158/2012 & HCAJ 49/2013): The Owners and/or Demise Charterers of the Ship or Vessel Xin Nan Tai
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 June 2017
Case Number
HCAJ158/2012
Procedural Posture
Admiralty Action in Rem (collision) / Trial of Liability — Judgment on Liability (to Be Followed by Assessment of Damages If Required)
Outcome
Judgment: both Xin Nan Tai and Jakarta liable for the collisions; apportionment 80% to Xin Nan Tai and 20% to Jakarta for the 1st collision and the same apportionment for the 2nd collision; TS Singapore held 5% liable for the 2nd collision and no liability for the 1st collision (as per settlement).
Legal Topics
Collision at Sea, COLREGS Compliance, Lookout and Radar Use, Apportionment of Liability
Source Language
EN
Admiralty Maritime Law Tort (negligence) Procedural Law (admiralty Practice) Collision at Sea COLREGS Compliance Lookout and Radar Use Apportionment of Liability

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Parties

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

Plaintiff (hcaj 158/2012 & HCAJ 49/2013)

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

Plaintiff (hcaj 48/2011); 2nd Defendant (hcaj 158/2012 & HCAJ 49/2013)

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

Defendant (hcaj 48/2011); 1st Defendant (hcaj 158/2012 & HCAJ 49/2013)

Procedural Posture

Admiralty Action in Rem (collision) / Trial of Liability — Judgment on Liability (to Be Followed by Assessment of Damages If Required)

Legal Issues

  1. 1 Whether Xin Nan Tai breached COLREGS by failing to give way and maintaining inadequate lookout prior to the 1st collision
  2. 2 Whether Jakarta breached COLREGS by failing to maintain proper lookout, by proceeding at unsafe speed and by inappropriate helm orders (turning to port)
  3. 3 Whether either vessel could have avoided the 2nd collision after the 1st collision and appropriate apportionment of liability between Xin Nan Tai and Jakarta

Ratio Decidendi

Both Xin Nan Tai and Jakarta breached COLREGS and were causes of the collisions, but Xin Nan Tai bore the greater responsibility for creating the close-quarters situation by failing to take early and substantial action and by inadequate lookout; Jakarta also breached lookout and made improper helm orders but was less blameworthy; liability apportioned 80% to Xin Nan Tai and 20% to Jakarta for the 1st collision and the same apportionment applies to the 2nd collision; TS Singapore is 5% liable for the 2nd collision and not liable for the 1st collision as per settlement.

Court Disposition

Judgment: both Xin Nan Tai and Jakarta liable for the collisions; apportionment 80% to Xin Nan Tai and 20% to Jakarta for the 1st collision and the same apportionment for the 2nd collision; TS Singapore held 5% liable for the 2nd collision and no liability for the 1st collision (as per settlement).

Orders

  • Xin Nan Tai and Jakarta to be held respectively 80% and 20% liable for the 1st collision
  • Apportionment for the 2nd collision to mirror the 1st collision (80% Xin Nan Tai : 20% Jakarta); parties to apply the pre-trial settlement position that TS Singapore is 5% liable for the 2nd collision and bears no liability for the 1st collision