On 26 November 2000, a ship carrying 85,250 kgs of tamarind from Dubai, UAE, to Khorramshahr, Iran, collided with a tanker and sank. The shipowners brought actions against each other for the loss of, and damage to, their vessels. The owners of the cargo also brought an action against the owners of both vessels and the master of the carrying ship.

The owner of the carrying ship claimed that it was on a course of 300 degrees when it saw a target on the starboard side of the ship's radar and, by changing course to 292 degrees, continued its voyage. When approaching the tanker, the tanker suddenly changed its course. The carrying ship steered to port to avoid a collision but collided with the tanker and sank due to the tanker's fault and unnecessary manoeuvre.

The tanker owner claimed that the collision took place due to the fault of the master of the carrying ship, and that the tanker's manoeuvre was performed to avoid a collision.

Held: Liability was apportioned 75/25 in favour of the carrying ship.

According to an expert opinion, relied upon by the Court, the tanker should have kept to its course and maintained its speed as the stand-on vessel under the COLREGs.

The Judge, invoking arts 162, 165, 172, [based respectively on arts 1, 4, and 13 of the Collision Convention 1910] and 194 of the Maritime Code, held that the owner of the tanker was adjudged to pay to the owner of the carrying ship USD 262,500 and IRR 18,131,000 damages. The claim of the owner of the tanker was time-barred according to art 170 of the Maritime Code [based on art 7 of the Collision Convention 1910]. The owners of both vessels were liable to the cargo owners at the same ratio of 75 to 25 per cent. The claim against the master of the carrying ship was rejected as irrelevant.