MT “Cape Bonny” Tankschiffahrts GmbH & Co KG v Ping An Property and Casualty Insurance Co of China Ltd (The “Cape Bonny”) – QBD (Comm Ct) (Teare J) [2017] EWHC 3036 (Comm) – 4 December 2017

General average – Vessel suffering engine breakdown whilst seeking to avoid typhoon – Whether casualty caused by actionable fault on part of shipowners – Burden of proof as to reasonableness of expenditure claimed

On 14 July 2011, in the course of a laden voyage from Argentina to China, the oil tanker Cape Bonny suffered an engine breakdown. At the time the vessel was seeking to avoid typhoon Ma-on. Towage assistance was required and on 18 July 2011 she was taken in tow by Koyo Maru.