Teng He v Nordic Explorer: Collision at Sea, Negligence, and Contributory Negligence in Bo Hai Gulf

In Teng He v Nordic Explorer, the High Court of Singapore heard a claim by the owners of seismic cables, Nordic Explorer, against the owners of the ship Teng He for damages caused when the Teng He severed the cables. The incident occurred in the Bo Hai Gulf due to poor visibility. The court found the Teng He negligent in its navigation but also held the Nordic Explorer contributorily negligent for failing to dive the cables in time. The court apportioned liability, finding the Teng He 60% liable.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for Plaintiff, finding the defendants 60% liable for negligence.

1.3 Case Type

Admiralty

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Collision at sea case where the Teng He severed seismic cables towed by the Nordic Explorer. The court found the Teng He negligent but also held the Nordic Explorer contributorily negligent.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Nordic ExplorerPlaintiffCorporationJudgment for PlaintiffPartial
Teng HeDefendantCorporationLiability ApportionedLost

3. Judges

Judge NameTitleDelivered Judgment
G P SelvamJudgeYes

4. Counsels

Counsel NameOrganization
Tan Hui TsingJoseph Tan Jude Benny
Jude BennyJoseph Tan Jude Benny
S DuraiJoseph Tan Jude Benny
Steven Chong SCRajah & Tann
Chua Choon KingRajah & Tann

4. Facts

  1. The Nordic Explorer was conducting seismographic research in the Bo Hai Gulf.
  2. The Teng He severed seven seismic streamer cables towed by the Nordic Explorer.
  3. The collision occurred in the afternoon of 18 September 1998.
  4. Visibility was less than one mile due to fog.
  5. The Nordic Explorer made continuous radio broadcasts via VHF Channel 16.
  6. The Tai He was proceeding at a speed of 17.5 knots.
  7. The Nordic Explorer failed to dive the cables when the Tai He became a threat.

5. Formal Citations

  1. The "Teng He", Adm in Rem 696/1998, [2000] SGHC 51

6. Timeline

DateEvent
Collision between vessel and cables occurred
Nordic Explorer commenced seismographic activities
Mr. AJ Cunningham boarded the Tai He
Judgment delivered

7. Legal Issues

  1. Negligence
    • Outcome: The court found the defendants negligent in the navigation of their vessel.
    • Category: Substantive
    • Sub-Issues:
      • Failure to keep a proper lookout
      • Failure to make proper use of radar
      • Excessive speed in restricted visibility
      • Failure to heed warnings
  2. Contributory Negligence
    • Outcome: The court found the plaintiffs contributorily negligent for failing to dive the cables in time.
    • Category: Substantive
    • Sub-Issues:
      • Failure to take steps for self-protection
      • Imprudent failure to dive cables

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Admiralty
  • Shipping
  • Commercial Litigation

11. Industries

  • Shipping
  • Oil and Gas

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
The FranklandAdmiralty CourtYes[1872] LR 3 A&E 511England and WalesCited regarding the binding nature of statements in preliminary acts as admissions of fact.
The VortigernCourt of AdmiraltyYes[1859] Sw 518England and WalesCited regarding the binding nature of statements in preliminary acts as admissions of fact.
The Lady BelleProbate, Divorce and Admiralty DivisionYes[1933] P 275England and WalesCited regarding the evidential value of preliminary acts and log books in collision cases.
The Lady BelleProbate, Divorce and Admiralty DivisionYes[1933] 46 Lloyd LR 342England and WalesCited regarding the evidential value of preliminary acts and log books in collision cases.
The Geo W McKnightUnknownYes[1947] 80 Lloyd LR 419UnknownCited regarding the court's ability to consider evidence beyond the pleadings of the parties.

13. Applicable Rules

Rule Name
Order 70 Rule 17 of the Rules of Court
Order 18 of the Rules of Court

14. Applicable Statutes

Statute NameJurisdiction
International Regulations for Preventing Collisions at Sea 1972International

15. Key Terms and Keywords

15.1 Key Terms

  • Seismic cables
  • Preliminary act
  • Collision Regulations
  • Securite broadcast
  • Tail buoys
  • Restricted visibility
  • Traffic Separation Scheme

15.2 Keywords

  • collision
  • negligence
  • admiralty
  • shipping
  • seismic cables
  • contributory negligence

17. Areas of Law

Area NameRelevance Score
Collision95
Admiralty and Maritime Law90
Shipping85
Negligence80
Contributory negligence70
Torts60
Civil Procedure50
Civil Practice50
Rules of court40
Pleadings30

16. Subjects

  • Admiralty
  • Shipping
  • Negligence
  • Collision