The “Caraka Jaya Niaga III-11” – High Ct (S Mohan JC) [2021] SGHC 43 – 22 February 2021

Admiralty – Collision action – Plaintiffs bringing claim against defendant vessel – Defendant bringing cross-claim against plaintiffs’ vessel – Defendant’s claim time-barred – Parties agreeing to apportion liability 40 per cent to plaintiffs and 60 per cent to defendant – Whether defendant entitled to rely on single liability principle in diminution of plaintiffs’ claim

The issue in this case concerned the application of the “single liability principle” in collision cases. When two vessels were involved in a collision and both vessels were to blame for the collision occurring, the loss and damage suffered by the owners/demise charterers of the respective vessels would ordinarily give rise to claims and cross-claims. Under Singapore law, liability for the collision was apportioned in accordance with section 1 of the Maritime Conventions Act 1911 (MCA 1911).