POSTOJNA

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Judge ruled that captain and owner were responsible for accident in Santos

Any civil liability for a ship accident during navigation lies with the captain and the vessel's owner, judge Décio Gabriel Gimenez, of the 3rd Federal Court of Santos (SP), ruled in the case of the accident of the 'Postojna' on Sep 29, 2011. Civil action for damages, including lost profits, which was filed by a terminal against the Port Authority of Santos (APS) and the agency of the freighterwas unfounded. The accident occurred due to the ship's maneuver carried out at the time of leaving the Port of Santos channel, after completion of loading of 44000 tons of sugar, bound to Indonesia, possibly due to the vessel colliding with debris from the previous shipwreck of the Greek cargo m/v 'Ais Giorgios', partially submerged since January 1974 due to a fire. Responsibility for navigation, as explained above, lies with the shipowner and the master (Law No. 9,537/1997). The plaintiff was the company Rumo. Due to rudder damage, the freighter was unable to continue its voyage and re-docked at the Rumo terminal until it was repaired. The company had allegedthat the measures adopted after the accident affected its operations, preventing it from fulfilling contracts signed with third parties. Therefore, it asked for the defendants to be sentenced to compensate it for the losses suffered and compensate the damages. The amount to be paid by the defendants, in the event of conviction, would be determined through an expert opinion, but the plaintiff gave the case a value of R$5 million. With the claim dismissed, the judge ordered the terminal to pay procedural costs and expenses, in addition to legal fees, set at 15% of the updated value of the action, considering the complexity of the case and the time required to resolve the controversy.

beached

beached at Gadani 07.05.16

arrived Gadani anchorage

arrived Gadani anchorage 27.04.16