OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "MCC JAKARTA" V OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "XIN NAN TAI 77"

[2017] HKCFI 981, High Court of the HKSAR, Court of First Instance, Hon Ng J sitting with Captain Paul R Walton, 2 June 2017

Admiralty - Collision - Apportionment of blame – COLREGS, rules 15, 16 and 17

Two collisions had occurred in rapid succession when MCC Jakarta and TS Singapore were outbound from Hong Kong while Xin Nan Tai 77 was inbound. TS Singapore had settled liability for the second collision with the other parties to five per cent, and had not been involved in the first. This was the question of attribution of blame for the first collision and apportionment of 95 per cent of the blame for the second collision between MCC Jakarta and Xin Nan Tai 77. At the time of the collision, MCC Jakarta was about to overtake TS Singapore and was in a crossing situation with Xin Nan Tai 77 the latter being the give-way vessel, while MCC Jakarta was the stand-on vessel.