$110m lawsuit exposes Transnet's alleged negligence in MV Smart grounding incident
Transnet faces a $110 million lawsuit over the 2013 grounding of the MV Smart cargo vessel at Richards Bay harbour, alleging negligence.Summary
Transnet National Ports Authority (TNPA) is being sued for US$110 million (over R1.83 billion) by the owners and underwriters of the MV Smart, a cargo vessel that ran aground in Richards Bay harbour in August 2013. The claimants allege that the grounding, which resulted in cargo loss, was due to TNPA’s negligence. Additional lawsuits have been filed by the vessel’s charterer, Minmetals Logistics Zhejiang Co. Ltd, and the cargo interests.
The TNPA has sought a court order to compel the owners and underwriters to produce documents related to arbitration proceedings in London, which involve similar damage claims. Judge Peter Olsen has directed them to provide a comprehensive set of documents, including pleadings, witness statements, expert reports, transcripts, and correspondence related to the arbitrations.
In its defense, TNPA claims the loss was caused by the negligence of the vessel’s master and crew, or, alternatively, by contributory negligence. The TNPA has also initiated third-party proceedings against the owners, seeking a declaration of joint responsibility for the loss.
(Source：Iol)