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Lloyd's Maritime Law Newsletter

Hyundai Merchant Marine Co Ltd and Ors v United States of America (The “Hyundai New World”) - US District Court (SDNY) (Leisure DJ) - 31 May 1995

Shipowners of grounded vessel alleged that US Defense Mapping Agency negligently failed to update navigational charts to show reduced water depths - Whether defendant immune from action

The vessel Hyundai New World ran aground off the coast of Brazil. The shipowners brought an action against the United States for alleged negligent publication and failure to update an inaccurate nautical chart by the Defense Mapping Agency (“DMA”). The Master of the vessel had used DMA Chart 24271 (13th Ed) which did not accurately indicate the position of a shoal. Chart 24271 had been published in April 1983. The chart stated that it was a reproduction of a Brazilian Chart produced by the Brazilian government based on surveys by the Brazilian Navy to 1974. In addition to producing Chart 24271 the Defense Mapping Agency Hydrographic/Topographic Center (“DMAHTC”) published weekly Notices to Mariners which served to update existing charts with new hydrographic information.

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