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Client Update: Singapore 2019 MARCH
Shipping & International Trade
© Rajah & Tann Singapore LLP | 1
Important Singapore Judgment on Collision Liability
Introduction
Disputes on ship collision and apportionment of liability tend to be fairly complex, with the heavy
involvement of issues of law and facts. While Singapore judgments on collision liability have been sparse
in the past years, the Singapore Courts have seen a recent spate of cases dealing with ship collisions.
The most recent of these is The “Mount Apo” and the “Hanjin Ras Laffan” [2019] SGHC 57.
The case involved two large ships which collided in the Singapore Strait. To determine the
apportionment of liability, the Court had to consider issues regarding the crossing of traffic lanes in a
traffic separation scheme and the proper use of very high frequency (“VHF”) radio communications
between ships.
The “Hanjin Ras Laffan”, where liability was determined in her favour, was represented by Leong Kah
Wah and Dedi Affandi of Rajah & Tann Singapore LLP. To effectively present its case, the team had to
manage and present technical evidence distilled from the ships’ voyage data recorders in the form of
audio, video and animation reconstruction. This was in addition to the already complex tasks of handling
conflicting experts’ and mariners’ evidence, the establishment of the factual narrative, and the
assessment of the legal framework.
This Update provides a summary of the proceedings and the key elements of the judgment.
Ship Collision
Cases involving ship collision often require a balance of technical, factual and expert evidence. In
addition, the assessment of the circumstances in the relevant legal context is always a demanding
exercise. Nonetheless, through recent cases, the Singapore Courts have demonstrated their expertise
in managing the challenges of ship collision disputes.
In 2017, the Singapore High Court had the opportunity to determine the apportionment of liability in a
ship collision between two bulk carriers in the waters of Singapore in the case of The “Dream Star”
[2018] 4 SLR 473. Our same team of Leong Kah Wah and Dedi Affandi acted in that matter, which was
resolved amicably whilst the appeal to the Court of Appeal was pending. In 2018, the High Court had to
contend with two related collisions involving three vessels in the case of The “Tian E Zuo” [2018] SGHC
93.
Client Update: Singapore 2019 MARCH
Shipping & International Trade
© Rajah & Tann Singapore LLP | 2
Both these decisions, as well as the current decision, involved an in-depth analysis of the obligations
under the International Regulations for Preventing Collisions at Sea 1972 (“COLREGS”).
Brief Facts
In The “Mount Apo” and the “Hanjin Ras Laffan”, the collision took place in the Singapore Strait, where
“Mount Apo” was departing Singapore for Australia, and “Hanjin Ras Laffan” was West-bound, transiting
through the Strait.
“Mount Apo” had just entered into the boundary of the West-bound lane at a shallow angle. “Hanjin Ras
Laffan”, called “Mount Apo” on the VHF. The VHF communications were brief and it ended with the
“Mount Apo” saying, “we have stopped engines to make you pass our bow.” However, “Mount Apo”
failed to take sufficient or any action to effect her last communication.
Eventually, “Mount Apo”’s starboard bow impacted the starboard quarter of “Hanjin Ras Laffan”. The
parties thus sought the Court’s determination of the respective faults and the consequent apportionment
of liability between “Mount Apo” and “Hanjin Ras Laffan”.
Holding of the High Court
The trial was conducted in two tranches, the 1st tranche for factual evidence and the 2nd, for expert
evidence. In the course of proceedings, the Court examined the documentary records as well as the
testimonies of the ships’ captains. The Court was also assisted by the evidence of two navigation
experts, and utilised joint conferences and “hot-tubbing” of the experts (concurrent expert testimony).
The Court first assessed whether the vessels were at fault for their respective acts in the lead-up to the
collision, making close reference to the relevant rules in the COLREGS. This includes the rules on
crossing course and giving way. The Court also examined the proper use of VHF in collision avoidance.
Throughout, the Court scrutinised closely the audio recordings preserved via the ships’ voyage data
recorders.
The Court then determined the causative potency of these faults and the culpability of the vessels, and
found that “Mount Apo” was more to blame for the collision. This was mainly due to “Mount Apo”’s
decision to cross at a shallow angle in breach of the COLREGS, as well as “Mount Apo’”s failure to take
sufficient or any action despite her radio message which was to let “Hanjin Ras Laffan” pass the “Mount
Apo”’s bow.
Ultimately, the Court apportioned liability 60:40 in favour of “Hanjin Ras Laffan”.
Client Update: Singapore 2019 MARCH
Shipping & International Trade
© Rajah & Tann Singapore LLP | 3
Concluding Words
As demonstrated in this decision, disputes involving ship collision require a high degree of expert
knowledge and experience. To effectively present their cases, parties should engage counsel and
experts capable of managing the technical, evidential and legal aspects of the dispute.
Rajah & Tann’s Shipping and International Trade Practice has been involved in numerous categories of
admiralty matters, including collisions, charters, ship arrest and trade. The team is thus well placed to
handle such shipping-related disputes.
The High Court’s decision in The “Mount Apo” and the “Hanjin Ras Laffan” may be subject to appeal.
As such, we will keep you updated on any developments in the matter.
For further queries, please feel free to contact our team below.
Contacts
Leong Kah Wah Head, Dispute Resolution D +65 6232 0504 F +65 6428 2074 [email protected]
Dedi Affandi Partner D +65 6232 0768 F +65 6428 2123
Please feel free to also contact Knowledge and Risk Management at [email protected]
Client Update: Singapore 2019 MARCH
© Rajah & Tann Singapore LLP | 4
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Client Update: Singapore 2019 MARCH
© Rajah & Tann Singapore LLP | 5
Our Regional Presence
Rajah & Tann Singapore LLP is one of the largest full-service law firms in Singapore, providing high quality advice to an impressive list of clients. We place strong emphasis on promptness, accessibility and reliability in dealing with clients. At the same time, the firm strives towards a practical yet creative approach in dealing with business and commercial problems. As the Singapore member firm of the Lex Mundi Network, we are able to offer access to excellent legal expertise in more than 100 countries. Rajah & Tann Singapore LLP is part of Rajah & Tann Asia, a network of local law firms in Singapore, Cambodia, China, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Thailand and Vietnam. Our Asian network also includes regional desks focused on Japan and South Asia. The contents of this Update are owned by Rajah & Tann Singapore LLP and subject to copyright protection under the laws of Singapore and, through international treaties, other countries. No part of this Update may be reproduced, licensed, sold, published, transmitted, modified, adapted, publicly displayed, broadcast (including storage in any medium by electronic means whether or not transiently for any purpose save as permitted herein) without the prior written permission of Rajah & Tann Singapore LLP. Please note also that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice for any particular course of action as such information may not suit your specific business and operational requirements. It is to your advantage to seek legal advice for your specific situation. In this regard, you may call the lawyer you normally deal with in Rajah & Tann Singapore LLP or e-mail Knowledge & Risk Management at [email protected].
