The International Transport Intermediaries Club (ITIC) has successfully defended a shipmanager against a negligence claim from a shipowner following the loss of a lifeboat in Japan.
ITIC said the boat was found drifting off the port of Naze after the master reported it missing from an unnamed vessel.
"In view of the cost of deviating the ship to recover the lifeboat, compared to the cost of replacing it, it was decided, in consultation with hull underwriters and the vessel’s P&I club, to abandon it," it added.
"The P&I club arranged for the lifeboat’s disposal through its correspondent in Japan."
The owner then brought a claim against the manager for $90,000, alleging gross negligence and mismanagement.
But ITIC argued that under the SHIPMAN 2009 management contract governing the relationship between the parties, the owner had no right to set off a claim against what was owed to the manager.
Neither could the owner provide any evidence to support its claim that the shipmanager had been negligent, let alone grossly negligent, ITIC said.
A report into the incident later concluded that it had not been possible to physically examine the release mechanism of the lifeboat before arrangements for its disposal were made by the P&I club correspondent in Japan.
It had successfully undergone its annual service and inspection six months previously, however, and had been wire-lashed on board the vessel for added security.
ITIC advised the owner that, if the sum owed to the manager was not paid, interest would be applied, and the ship would be arrested.
The funds were then paid to the manager.
