Read the full judgment text of HCCT000012/1988 on BabelCite. This HIGH COURT judgment was delivered on 4 June 1992 before The Hon. Mr. Justice Kaplan.
Civil damages claim — Collision causing physical damage and business interruption — Assessment of damages for physical loss and loss of profits — Principle of restitutio in integrum applied — Reasonableness test for mitigation expenses — Replacement of equipment including compressors and bucket elevators assessed — Claims for dust collectors and winches disallowed for lack of proof — Post-accident decreased efficiency and value of pier compensated on broad brush basis — Loss of profits assessed by market share method favored over alternative approach — Judgment for plaintiff for damages amounting to $11,323,657 (70% of assessed loss) — Interest and costs reserved.
Legal issues: Reasonableness of expenses to remove collapsed pumphouse · Compensation for chain bucket elevator replacement cost · Replacement of damaged compressors and related betterment · Claim for dust collector replacement costs · Claim for winch replacement costs · Compensation for less valuable, less efficient post-accident jetty system · Assessment of loss of profits
Outcome: Judgment for Green Island Cement Co. Ltd for assessed damages for physical damage and loss of profits caused by the accident