Marina Tanker v Chan Fook Choon: Negligence Claim for Ship Engine Repair

In Marina Tanker Sdn Bhd v Chan Fook Choon and Another, the High Court of Singapore ruled in favor of Marina Tanker, finding the defendants, Chan Fook Choon and Kwok Ai Ing, liable for damages due to negligent work on the plaintiff's vessel engine. The case involved a claim for damages arising from allegedly negligent repairs to the engine of the plaintiffs’ vessel. The court determined that the damage to the main engine was caused by the improper fitting of the connecting bolts or bearings during the works carried out by the repairers.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for the plaintiffs against the defendants as regards liability and costs.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Marina Tanker sued Chan Fook Choon for negligent ship engine repairs. The court found in favor of Marina Tanker, holding the repairers liable for damages.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Marina Tanker Sdn BhdPlaintiffCorporationJudgment for PlaintiffWon
Chan Fook ChoonDefendantIndividualJudgment against DefendantLost
Kwok Ai IngDefendantIndividualJudgment against DefendantLost

3. Judges

Judge NameTitleDelivered Judgment
Judith PrakashJudgeYes

4. Counsels

Counsel NameOrganization
Bazul AshhabJoseph Tan Jude Benny
Gerald YeeJoseph Tan Jude Benny
Jason LimMichael Khoo & Partners
Tan Kay KhaiMichael Khoo & Partners

4. Facts

  1. Plaintiffs owned a marine tanker called Nur Marina.
  2. Plaintiffs arranged for the vessel to be dry-docked for maintenance.
  3. Defendants were employed to open, overhaul, and reinstate engine parts.
  4. Old lubricating oil was reused for mooring and sea trials.
  5. Main engine broke down shortly after commencing voyage.
  6. Representatives from Wartsila Diesel investigated the breakdown.
  7. Wartsila carried out permanent repairs to the vessel.

5. Formal Citations

  1. Marina Tanker Sdn Bhd v Chan Fook Choon and Another, Suit 244/2001, [2002] SGHC 67

6. Timeline

DateEvent
Vessel dry-docked at Pan United Shipyard.
Quotation for work accepted after amendment.
Work commenced on vessel.
Vessel moved out of dry-dock.
Mooring trials and sea trials took place successfully.
Vessel left the shipyard.
Vessel commenced voyage to Haiphong.
Main engine broke down.
Vessel arrived in Kuantan for emergency repairs.
Vessel left for Haiphong after repairs.
Engine stopped again due to loud knocking noises.
Chief engineer filed a breakdown report.
Michael Thompson went on board the vessel.
Michael Thompson included an account of the breakdowns in his original survey report.
KO Chan made an affidavit for the repairers.
KO Chan made and signed a statement at the request of the owners’ lawyers.
Ronald Mervin Pereira submitted a report giving his opinion on the cause of the main engine breakdown.
Decision Date

7. Legal Issues

  1. Negligence
    • Outcome: The court found the defendants negligent in carrying out the contracted overhaul work and repairs to the main engine of the vessel.
    • Category: Substantive
    • Sub-Issues:
      • Improper fitting of connecting bolts or bearings

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Commercial Litigation
  • Maritime Law

11. Industries

  • Maritime

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Ship repair
  • Negligence
  • Main engine
  • Lubricating oil
  • Connecting rod bolts
  • Crankpin bearings
  • Overhaul
  • Dry-dock
  • Marine tanker

15.2 Keywords

  • Ship repair
  • Negligence
  • Engine failure
  • Marina Tanker
  • Chan Fook Choon

17. Areas of Law

Area NameRelevance Score
Shipping Law75
Admiralty and Maritime Law70
Negligence60
Construction30
Breach of Contract25
Contract Law20
Personal Injury10

16. Subjects

  • Shipping
  • Marine Engineering
  • Negligence
  • Contract