THE "TRAMONTANA II" (OWNERS) v. MINISTRY OF DEFENCE AND MARTIN

[1969] 2 Lloyd's Rep. 94

ADMIRALTY DIVISION

Before Mr. Justice Brandon, sitting with Captain R. N. Mayo, Elder Brother of Trinity House, as Nautical Assessor

Port authority-Statutory powers-Alleged negligence-Buoying of wreck-Collision between submerged wreck and vessel navigating port-Alleged wrong type and position of buoy-Whether duty owed by port authority to users of port-Whether duty applied to non-feasance-Dockyard Port of Portsmouth Order, 1960. Negligent navigation-Collision-Look-out- Collision between plaintiffs' vessel and submerged wreck in port-Whether buoyage of wreck misleading-Standard of look-out -Distance of passing-Duty on plaintiffs to inform themselves of navigational hazards- Liability of plaintiffs and/or port authority. Wreck-Buoyage-Collision between plaintiffs' vessel and submerged wreck-Alleged wrong type and position of buoy-Liability of port authority-Whether plaintiffs negligent in navigation and in failing to consult Notice to Mariners-Dockyard Port of Portsmouth Order, 1960, Second Schedule, Rule 10. Buoy - Submerged wreck - Collision with plaintiffs' vessel-Buoy allegedly in wrong position and not conforming to buoyage system - Liability of port authority - Dockyard Port of Portsmouth Order, 1960, Second Schedule, Rule 10.