Owners of mv “Stella Tingas” v mv “Atlantica” and Transnet Ltd t/a Portnet - High Court (Durban and Coast Local Division)(Booysen J) - May 2001

Collision in Durban Harbour whilst “guilty” vessel under compulsory pilotage - Whether “guilty” vessel and/or harbour authority liable - Whether pilot guilty of gross negligence - Whether Court obliged to apply United Kingdom Pilotage Act 1983

On 17 June 1997 a collision occurred in Durban Harbour between the First Defendant vessel Atlantica and the plaintiff’s vessel Stella Tingas. At the time of the collision the Stella Tingas was berthed alongside in Durban Harbour, loading cargo, and the Atlantica was entering the harbour under pilotage and with two tugs in attendance. The pilot was employed by the Second Defendant harbour authority, and was acting within the course and scope of his employment. Durban Harbour was a compulsory pilotage harbour.