Following a collision off Ireland between the laden, 620,000 GRT bulk carrier “Hua Sheng Hai” and the 320 GRT fishing vessel “Kirrixki”, the Irish Court found that “Kirrixki” failed to keep a (or any) look out; she was not (as claimed) lowering nets but slow-steaming to new waters, then suddenly changed course and accelerated just prior to the collision. She was not the stand-on vessel, but in any event was in breach of Colregs for not holding her course and speed, and was the major cause of the collision. “Hua Sheng Hai” whilst not required to change course, nevertheless failed to take timely action to avoid unexpected and sudden danger. Liability was set at 85% “Kirrixki” 15% “Hua Sheng Hai”.

M as disponent owner, chartered the Vessel to S, under an NYPE subject to English law and London Arbitration. S provided bunkers to the Vessel, but failed to pay the supplier who was ultimately paid by M, to avoid Vessel arrest. S had sub-chartered to O (a Singaporean company), who had incurred demurrage. To recoup its bunker payment, M served on O a notice of its NYPE Cl.18 lien “on sub-freights… demurrages… for any amounts due under this Charter”. S asserted that no amounts were due to M under the T/C. The Singapore Court upheld M’s lien, ruling that third party demurrage fell within its ambit and the bunker payment constituted an amount “due under this Charter”; whilst the dispute between M and S was referrable to London Arbitration, that did not preclude M exercising its lien against O and enforcing it in the Singapore Court.