The owner of the barge, Antara Koh Pte Ltd’s appeal was contested by the registered owner of the tugboat, Eng Tou Offshore Pte Ltd, under section 136 of the Merchant Shipping Act.
Under the Act, a ship owner may limit its liability provided the loss or damage was caused without the owner actually being at fault.
Antara Koh blamed its crane operator individually for negligently swinging the crane to port causing it to topple and fall. However, Eng Tou Offshore said it was due to equipment failure.
The tugboat towed the barge to Sungei Johor where it was to retrieve an anchor and chain lying on the riverbed.
During the lifting process, the boom of the crane collapsed, fell on the Tambat, and dragged it under the water. Six of the seven crewmembers of the tug were killed along with the crane operator. The tug was damaged beyond repair.
Under cross-examination, the site engineer said the crane boom did suddenly swing to port, but only after the crane operator had brought it above its stowage position.
High Court judge Belinda Ang found that the crane operator, who had been operating cranes for 14 years, had no reason to suddenly swing the crane to the portside.
The judge preferred the views of Eng Tou Offshore’s expert witness, who testified that there was indisputable evidence of inadequate welding.
Justice Belinda Ang concluded that the causative act was the use by Antara Koh of a crane with inadequate welding to hold the boom section together, and not, as claimed by the company, the negligence of its crane operator.
The judge was critical of Antara Koh for not detecting the weakness in the boom until it could not support the load imposed on it.
