The Mineral Transporter - Supreme Ct. of N.S.W. (Adm. Div.) (Yeldham J.) - 18 October 1983

Collision action - Vessel at anchor - Contributory negligence - Measure of damages (NEW SOUTH WALES)

The vessel Mineral Transporter anchored off Port Kembla in a position about 1.2 miles from the vessel Ibaraki Maru (63,139 grt). Other vessels were also anchored in the area, all awaiting access to the Port Kembla coal loader. During the early hours of the morning of 10 July 1981 the shank of the starboard anchor of Mineral Transporter failed and the vessel began to drift towards the Ibaraki Maru . The only person on watch on board Ibaraki Maru at the time was the quartermaster. Between 02 55 and 03 18 he “went around to check the inside of the vessel”. When he arrived back on the bridge at 03 18 he “noticed a large vessel lying in front of our vessel”. He called the master. The master went immediately to the bridge. The Mineral Transporter , according to radar, was about 1/2 mile away. Ibaraki Maru ’s crew was ordered to emergency stations. The master tried to contact Mineral Transporter on VHF and he operated the whistle and the air horn as well as the searchlight in an unsuccessful attempt to attract the attention of those on board Mineral Transporter . Eventually, at 03 37 VHF radio contact was established between the two vessels, but because of language problems, there were misunderstandings between the two radio operators. The vessels collided at 03 42.