Yew Huoi, How & Associates | Leading Malaysia Law Firm

Menu

NAVIGATION AND SHIPPING LAW – COLLISION REGULATIONS – COLLISION AT SEA – A WAKE-UP CALL FOR ADHERING TO NAVIGATION RULES

1. Summary and Facts

The case FMG Hong Kong Shipping Ltd v The Owners of MSC Apollo (The BBC Nile) [2024] 1 Lloyd’s Rep 322 relates to a collision between the bulk carrier FMG Sydney and the container ship MSC Apollo on 29 August 2020 in the approaches to Tianjin, China. The collision occurred in good visibility, light winds, and slight seas. Both vessels were in ballast. The Sydney was outbound, heading east, while the Apollo was inbound, heading west.

The Apollo suggested crossing starboard-to-starboard via VHF, while the Sydney altered its course to starboard, and the Apollo turned to port, leading to a collision. The Sydney‘s port bow struck the Apollo‘s starboard side at a 40-degree angle. The dispute revolved around the application of the Collision Regulations (“COLREGS”), specifically Rules 14, 15, 16, and 17.

2. Legal Issues

i. Whether Rule 14 (head-on situations) or Rules 15 and 16 (crossing situations) applied?
ii. Whether the Apollo, as the give-way vessel, complied with its duty to take early and substantial action to avoid a collision?
iii. Whether the Apollo‘s use of VHF to propose navigation contrary to the Collision Regulations was justifiable?
iv. Whether the Sydney‘s actions contributed to the collision?

3. Court Findings

• The court found that the vessels were in a crossing situation at C-12, with Sydney on Apollo‘s starboard bow, obligating Apollo to take early and substantial action to avoid the Sydney under Rule 15. Apollo failed to do so, making it solely responsible for the collision.
• Apollo breached Rule 15 by not taking early and substantial action.
• Its successive course alterations to port between C-12 and C-6 contravened the obligation to avoid crossing ahead of Sydney.
• The court rejected the Apollo‘s argument that the vessels were in a head-on situation under Rule 14, as their courses were not reciprocal or nearly reciprocal.
• The Apollo‘s reliance on VHF to suggest a starboard-to-starboard passing was not justified. The court emphasized that VHF communications should not be used to navigate contrary to the COLREGS unless in exceptional circumstances, which were absent in this case.
• The Sydney acted appropriately under Rule 17(a)(ii) by taking action to avoid collision after Apollo failed to comply with its obligations.

4. Practical Implications

This case serves as a reminder that ships must follow navigation rules to avoid collisions. If you’re the vessel that needs to give way, take clear and early action to avoid the other ship. Don’t rely on radio communication to make alternative arrangements unless it’s absolutely necessary and doesn’t break the rules. Simply put, stick to the established rules to ensure everyone’s safety.

Back to Latest Legal Updates

Sorotan Terkini

LEGAL UPDATES – THE SILENT CURVE: WHY MEDICAL PREMIUMS SUDDENLY SPIKE

Medical insurance premiums do not increase gradually. They rise exponentially. For many years, costs appear manageable, giving policyholders a false sense of stability. However, once the insured reaches their mid-60s, medical charges begin to accelerate sharply, and after age 70, they often outpace the premiums by several multiples.

This happens because medical insurance is funded from a finite pool of money – an investment “bucket” – while the medical rider functions like an engine that consumes more fuel as the insured ages. When the engine grows faster than the bucket can be replenished, depletion is inevitable. The result is sudden premium hikes, demands for top-ups, or policy lapse – not due to misconduct or missed payments, but due to the structural design of the product itself.

Read More »
8 Februari ,2026 Tiada Ulasan

THE ‘COVER UNTIL 99’ MYTH – WHY INSURANCE AGENTS GET IT WRONG

Consumers must stop relying on what insurance agents say and start reading what insurance policies actually provide. ‘Medical cover until 99’ does not mean guaranteed coverage at an affordable premium. In reality, medical insurance charges rise exponentially after age 70, often making the policy mathematically unsustainable. By the time policyholders realise this, they are told to top up tens of thousands of ringgit or lose coverage altogether.

Read More »
8 Februari ,2026 Tiada Ulasan

STRATA TITLES ACT – DEVELOPER MUST ACCOUNT FOR COMMON PROPERTY COMPENSATION: HIGH COURT IMPOSES CONSTRUCTIVE TRUST

In JMB Kelana Square v Perantara Properties Sdn Bhd & Ors [2025] 12 MLJ 51, the High Court held that a developer who received compensation for land compulsorily acquired for the LRT 3 project could not retain sums attributable to common property. Although the compensation was paid entirely to the developer as registered proprietor, the Court found that part of the acquired land constituted common property, and the developer therefore held RM6.05 million on constructive trust for the Joint Management Body. The decision affirms that JMBs have proprietary standing to recover compensation for common property and that courts will intervene to prevent unjust enrichment in strata developments.

Read More »
1 Februari ,2026 Tiada Ulasan

UNFAIR DISMISSAL – MEDICAL LEAVE IS NOT MISCONDUCT: HIGH COURT UPHOLDS INDUSTRIAL COURT’S PROTECTION OF SICK EMPLOYEE

In Aerodarat Services Sdn Bhd v Lawerance Raj a/l Arrulsamy & Anor [2025] 11 MLJ 26, the High Court dismissed an employer’s judicial review and affirmed that prolonged medical leave does not, by itself, amount to misconduct justifying dismissal. The Court held that the employer failed to prove the critical element of intention not to return to work or unwillingness to perform contractual duties, despite high absenteeism caused by serious illness and surgery. The ruling reinforces that employers must distinguish between genuine illness and misconduct, and cannot rely on medical absence alone to terminate employment.

Read More »
1 Februari ,2026 Tiada Ulasan

WILL AND PROBATE – COURT OF APPEAL INVALIDATES WILL OF 97-YEAR-OLD TESTATOR: CAPACITY, SUSPICION AND UNDUE INFLUENCE PROVED

In Kong Kin Lay & Ors v Kong Kin Siong & Ors [2025] 5 MLJ 891, the Court of Appeal set aside a will executed by a 97-year-old testator, holding that there was real doubt as to testamentary capacity, compounded by serious suspicious circumstances and undue influence by certain beneficiaries. The Court emphasised that while the “golden rule” is not a rule of law, failure to obtain medical confirmation of capacity where doubt exists is a grave omission. Credibility issues with the drafting solicitor, beneficiary involvement in the will’s preparation, and suppression of evidence led the Court to declare the will invalid and order intestacy.

Read More »
1 Februari ,2026 Tiada Ulasan

NOT AN ‘AGREEMENT TO AGREE’: ENGLISH COURT OF APPEAL SAVES LONG-TERM SUPPLY CONTRACT DESPITE OPEN PRICE CLAUSE

In KSY Juice Blends UK Ltd v Citrosuco GmbH [2025] 2 Lloyd’s Rep 581, the UK Court of Appeal held that a long-term supply contract was not unenforceable merely because part of the price was stated as “open price to be fixed”. The Court implied a term that, in the absence of agreement, the price would be a reasonable or market price, noting that the product’s value could be objectively benchmarked against the market price of frozen concentrated orange juice. Emphasising that courts should preserve commercial bargains rather than destroy them, the decision confirms that section 8(2) of the Sale of Goods Act 1979 operates as a saving provision, not a bar to enforceability.

Read More »
1 Februari ,2026 Tiada Ulasan
ms_MYMY
en_USEN zh_TWZH ms_MYMY
× Hubungi Kami