A claim of limited liability by the owner of an oil tanker alleged to have damaged the undersea fibre optic telecommunication cables of Tonga Cable Ltd. in 2019, will be continued on October 30, at the Supreme Court in Nuku'alofa.

The Court said today, the case would be mentioned before Lord Chief Justice Whitten, where further directions are expected to be made.

Judgment

A judgment in March found that Tonga Cable Ltd. cannot pursue its full claim of over US$1.2 million for the damage that it alleged the oil tanker Duzgit Venture caused to its two undersea communications cables in January 2019, because the piece of legislation to support its claim had never been Gazetted, or come into law in Tonga.

The Chief Justice clarified this point of law.

He ordered that the claim of Tonga Cable Ltd. for damages be stayed until a ruling is made on the liability of the ship owner DS Venture Ltd.

Severed cables

On January 20, 2019 as the Duzgit Venture, a 2,166 tons oil and gas tanker, approached the Port of Nuku'alofa, the starboard anchor and chain were prematurely released from their housing.

As a result, two undersea communications cables owned by Tonga Cable Ltd. were damaged, which interrupted Tonga's telecommunications and internet capabilities for a number of weeks.

Limited liability claim

This case between DS Venture Ltd. v Tonga Cable Ltd. was filed on December 20, 2019.

The owner of the vessel claimed that its liability for the incident, if any, is limited to s.2 of the Shipping (Limitation of Liability) Act 1980.

The Chief Justice said, if the Court grants the ship owner’s claim for a limitation of liability decree, directions will be given for advertising of notification to any other potential claimants to bring forward their claims. No other claims are yet known.

He concluded, the court would then administer and distribute the limitation fund in respect of all proved claims on a rateable or pro rata basis.

Until then, any claims, including that of Tonga Cable Ltd, are stayed.