Trans Resources Corp Sdn Bhd v Inai Kiara Sdn Bhd &
Ors [2015] 8 MLJ 157 (HC)
Eng Tou 110, a dumb barge ("Barge"), was
towed by tugboat Inai Teratai 86 ("the Tug")
along Sungei Loba Satubah, Sarawak when the Barge collided with the
river bridge under construction by the plaintiff. The plaintiff
sued the owners of the Tug and Barge, respectively, for damage
suffered due to the negligence of the master on board the Tug. The
Barge was in fact chartered to a third party, who in turn
sub-chartered the Barge to the Tug owner.
The plaintiff sought to argue that the Tug and the Barge
constituted "one boat" or "one vehicle", making
the Barge owner a joint tortfeasor with the Tug owner. The High
Court rejected this argument. The judge held that the liability of
the Tug and tow was not a question of law, but one of fact. The
issue of liability depended on who had control of the manner in
which the work of the tug was done in relation to the relevant act
or omission. In
