Cargo Lately Laden On Board the M.V.Sun Cross (Owners of) v M.V.Rickmers Genoa (Renamed the Rickmers Dalian) (Owners and/or Demise Charterers of)

In restricted visibility, collision risk must be assessed under Rule 19 before vessels become visually in sight of one another. A vessel cannot treat itself as a contingent stand-on vessel by anticipating the crossing rules. Radar detection requires early avoiding action, and reliance on VHF communications as the primary collision-avoidance method increases rather than reduces risk. Where both vessels breach their Rule 19 obligations, liability is apportioned by the relative seriousness of their conduct.

The claimants owned cargo aboard SUN CROSS, which sank after colliding with RICKMERS GENOA in the Yellow Sea. The defendants owned the latter vessel. The collision occurred in restricted visibility before the vessels were visually in sight of one another. The issues included the application of Rule 19, the relevance of the crossing rules in Section II, radar lookout, avoiding action and VHF contact.

1. Rule 19 applied because the vessels were not in sight of one another when the collision risk arose. The crossing rules in Section II could not be applied by anticipation.
2. Both vessels should have detected the developing risk at about six miles and taken substantial avoiding action earlier. SUN CROSS should have altered to starboard or reduced speed. RICKMERS GENOA should preferably have altered to starboard or reduced speed; its late alteration to port was unseamanlike.
3. Reliance on VHF as the first resort for collision avoidance, while maintaining course and speed, enhanced rather than limited risk: The Mineral Dampier [2001] 2 Lloyd’s Rep 419.
4. Blame was apportioned 30 per cent to SUN CROSS and 70 per cent to RICKMERS GENOA. The claimants were entitled to recover 70 per cent of their loss.