The Owners and/or Demise Charterers of the Ship or Vessel “MCC Jakarta” v. The Owners and/or Demise Charterers of the Ship or Vessel “Xin Nan Tai 77”

The Owners and/or Demise Charterers of the Ship or Vessel “MCC Jakarta” v. The Owners and/or Demise Charterers of the Ship or Vessel “Xin Nan Tai 77”

Court found both Xin Nan Tai and Jakarta breached COLREGS and were at fault for the collisions but Xin Nan Tai bore the greater share for creating the close‑quarters situation; liability apportioned 80% to Xin Nan Tai and 20% to Jakarta for both the 1st and 2nd collisions; TS Singapore allocated 5% for the 2nd collision and no liability for the 1st collision; the nautical assessor's technical findings were accepted where consistent with the evidence.

Citation
The Owners and/or Demise Charterers of the Ship or Vessel “MCC Jakarta” v. The Owners and/or Demise Charterers of the Ship or Vessel “Xin Nan Tai 77”
Parties
Plaintiffs: Owners and/or Demise Charterers of the Ship or Vessel TS Singapore; 1st Defendants: Owners and/or Demise Charterers of the Ship or Vessel Xin Nan Tai; 2nd Defendants: Owners and/or Demise Charterers of the Ship or Vessel MCC Jakarta (formerly)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 June 2017
Case Number
HCAJ48/2011
Procedural Posture
Admiralty Action / Trial of Liability
Outcome
Both Xin Nan Tai and Jakarta found at fault; Xin Nan Tai primarily responsible; apportionment 80:20 in favour of Jakarta for both collisions; TS Singapore 5% liable for 2nd collision and not liable for 1st collision.
Legal Topics
Liability, Apportionment, Lookout and Watchkeeping, Navigation and Seamanship, Causation
Source Language
EN
Admiralty Maritime Law Collision at Sea Regulatory Compliance (colregs) Liability Apportionment Lookout and Watchkeeping Navigation and Seamanship +1 more

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Parties

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

Plaintiffs

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

1st Defendants

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

2nd Defendants

Procedural Posture

Admiralty Action / Trial of Liability

Legal Issues

  1. 1 Whether Xin Nan Tai breached COLREGS and failed to keep proper lookout causing the 1st collision
  2. 2 Whether Jakarta breached COLREGS by improper helm orders, excessive speed and inadequate lookout contributing to the 1st collision
  3. 3 Whether Jakarta could have avoided the 2nd collision after the 1st collision and the extent of its liability for the 2nd collision

Ratio Decidendi

Court found both Xin Nan Tai and Jakarta breached COLREGS and were at fault for the collisions but Xin Nan Tai bore the greater share for creating the close‑quarters situation; liability apportioned 80% to Xin Nan Tai and 20% to Jakarta for both the 1st and 2nd collisions; TS Singapore allocated 5% for the 2nd collision and no liability for the 1st collision; the nautical assessor's technical findings were accepted where consistent with the evidence.

Court Disposition

Both Xin Nan Tai and Jakarta found at fault; Xin Nan Tai primarily responsible; apportionment 80:20 in favour of Jakarta for both collisions; TS Singapore 5% liable for 2nd collision and not liable for 1st collision.

Orders

  • Xin Nan Tai to bear 80% and Jakarta 20% of liability for the 1st collision
  • Apportionment for the 2nd collision ordered to mirror the 1st collision (80:20) and the parties to calculate their respective shares of the agreed 95% between Xin Nan Tai and Jakarta