MS ''Mikhail Lermontov'' was an

ocean liner An ocean liner is a type of passenger ship primarily used for transportation across seas or oceans. Ocean liners may also carry cargo or mail, and may sometimes be used for other purposes (such as for pleasure cruises or as hospital ships). The ...

owned by the

Soviet Union The Union of Soviet Socialist Republics. (USSR), commonly known as the Soviet Union, was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 until Dissolution of the Soviet ...

's Baltic Shipping Company, built in 1972 by V.E.B. Mathias-Thesen Werft,

Wismar Wismar (; ), officially the Hanseatic City of Wismar () is, with around 43,000 inhabitants, the sixth-largest city of the northeastern German state of Mecklenburg-Vorpommern, and the fourth-largest city of Mecklenburg after Rostock, Schwerin and ...

East Germany East Germany, officially known as the German Democratic Republic (GDR), was a country in Central Europe from Foundation of East Germany, its formation on 7 October 1949 until German reunification, its reunification with West Germany (FRG) on ...

. It was later converted into a

cruise ship Cruise ships are large passenger ships used mainly for vacationing. Unlike ocean liners, which are used for transport, cruise ships typically embark on round-trip voyages to various ports of call, where passengers may go on Tourism, tours k ...

. On 16 February 1986 it collided with rocks near

Port Gore Port Gore (officially / Port Gore) is a bay and natural harbour at the northern end of the Marlborough Sounds in New Zealand. It is close to the northern tip of the South Island, at the western end of Cook Strait. It is directly west of the en ...

in the

Marlborough Sounds The Marlborough Sounds (Māori language, te reo Māori: ''Te Tauihu-o-te-Waka'') are an extensive network of ria, sea-drowned valleys at the northern end of the South Island of New Zealand. The Marlborough Sounds were created by a combination ...

, New Zealand, and sank, claiming the life of one of its crew members.

MS ''Mikhail Lermontov''

MS ''Mikhail Lermontov'', launched in 1972, was the last of the five "poet" ships: , , (later became ''Marco Polo''), and ''Mikhail Lermontov'', named after famous Ukrainian, Georgian and

Russian Russian(s) may refer to: *Russians (), an ethnic group of the East Slavic peoples, primarily living in Russia and neighboring countries *A citizen of Russia *Russian language, the most widely spoken of the Slavic languages *''The Russians'', a b ...

writers (Ivan Franko and Taras Shevchenko being Ukrainian, and Shota Rustaveli being Georgian), built to the same design at V.E.B. Mathias-Thesen Werft,

Mikhail Lermontov Mikhail Yuryevich Lermontov ( , ; rus, Михаи́л Ю́рьевич Ле́рмонтов, , mʲɪxɐˈil ˈjʉrʲjɪvʲɪtɕ ˈlʲerməntəf, links=yes; – ) was a Russian Romanticism, Romantic writer, poet and painter, sometimes called ...

, born 1814 and died 1841, was known as the "poet of Caucasus." MS ''Mikhail Lermontov'' was originally used as an

on the

Leningrad Saint Petersburg, formerly known as Petrograd and later Leningrad, is the List of cities and towns in Russia by population, second-largest city in Russia after Moscow. It is situated on the Neva, River Neva, at the head of the Gulf of Finland ...

–New York run. However, the Soviet government realised that there was more money to be made by converting it to a cruise ship, and the accommodation and facilities on board were significantly upgraded in 1982 to meet the expectations of western customers.

Background

On 16 February 1986 ''Mikhail Lermontov'' was cruising in New Zealand for the CTC cruise company. On that day it left Picton for the Marlborough Sounds, carrying mostly elderly Australian passengers. The Picton

pilot An aircraft pilot or aviator is a person who controls the flight of an aircraft by operating its Aircraft flight control system, directional flight controls. Some other aircrew, aircrew members, such as navigators or flight engineers, are al ...

, Don Jamison (who was also a Picton

harbourmaster A harbourmaster (or harbormaster, see spelling differences) is an official responsible for enforcing the regulations of a particular harbour or port, in order to ensure the safety of navigation, the security of the harbour and the correct opera ...

), piloted the ship out of Picton. His presence, and his knowledge of the area, should have assured the safety of MS ''Mikhail Lermontov''. Hugging the shoreline to give the Australian passengers a good view of the area, Jamison continued towards the cape. About one mile from Cape Jackson, Jamison made the decision to take MS ''Mikhail Lermontov'' through the passage. A Russian officer questioned the decision, but the harbour-master assured him it would be a safe course, and at the time the decision was made the ship was still within the harbour limits. Little more is known of the circumstances of the wrecking, even to the retirement of Jamison in 2006.

Disaster

On 6 February 1986, ''Mikhail Lermontov'' sailed from Sydney on the beginning of a two-week cruise around New Zealand, carrying 372 passengers and a crew of 348, which combined to a total of 743 people. On the evening of 16 February, ''Mikhail Lermontov'' was sailing past Cape Jackson, on the northeastern shore of New Zealand's

South Island The South Island ( , 'the waters of Pounamu, Greenstone') is the largest of the three major islands of New Zealand by surface area, the others being the smaller but more populous North Island and Stewart Island. It is bordered to the north by ...

, about northwest of Picton. At 5:37 pm, travelling at , ''Mikhail Lermontov'' struck rocks about below the waterline on its port side. By 8:30 pm, passengers began to abandon ship, with the aid of the crew and local rescue vessels. The passengers were transferred to several ships in the area, including the LPG tanker (Captain Reedman) and the SeaRail road-rail ferry (Capt John Brew). As darkness set in MS ''Mikhail Lermontov'' listed further to

starboard Port and starboard are Glossary of nautical terms (M-Z), nautical terms for watercraft and spacecraft, referring respectively to the left and right sides of the vessel, when aboard and facing the Bow (watercraft), bow (front). Vessels with bil ...

. Within 20 minutes of the last passenger being rescued, the ship had disappeared completely, sinking at approximately 10:27pm, 4 hours and 50 minutes after running aground. The sinking resulted in one casualty, 33-year-old crew engineer Pavel Zagladimov, who went down with the ship. The coroner's report lists his official cause of death as 'unknown', as his remains were never found. Eleven of those rescued had minor injuries.

Wreck

MS ''Mikhail Lermontov'' rests where it sank, lying on its starboard side in depths reaching up to a maximum of about . It is popular with scuba divers and the site is served by local dive shops in Picton and

Kaikōura Kaikōura (; ) is a town on the east coast of the South Island of New Zealand, located on New Zealand State Highway 1, State Highway 1, north of Christchurch. The town has an estimated permanent resident population of as of . Kaikōura is th ...

. It is also one of the biggest, easily accessible, diveable ship wrecks in the world. The dives range from an easy depth at the top of the wreck, through to deep penetration and decompression dives to depths of . It is possible to enter the wreck, especially in the open public areas accessible from the port side windows near the top of the wreck, although care must be taken and guides familiar with the wreck are highly recommended, especially for enclosed overhead environments and where entanglement hazards may exist. Closed circuit diving is recommended to avoid causing reduced visibility when entering enclosed areas such as restaurants, crew messes, and shopping arcades. Three divers are known to have died while exploring the ship, including one diver whose body is still possibly trapped inside.

Cause as established by New Zealand inquiry

The New Zealand preliminary inquiry report found that; "at the time of the grounding the ship's courses and speeds were being directed by Captain D.I. Jamison in the employ of the Marlborough Harbour Board as Harbourmaster and chief pilot." "The decision to direct the ship through the channel was made by Captain Jamison without consulting any other person at the time the ship was in position Lat 41˚ 01' 04" S Long 174 19' 30" E." "When Captain Jamison observed the passage between Cape Jackson and the Cape Jackson light house, to open up, he made a sudden decision to navigate the ship through that passage." The 1986 New Zealand Minister of Transport Richard Prebble later stated of the captain's actions, "why he decided to guide the ship over a passage that he actually knew was too shallow, I don't think he'll ever be able to answer."

Cause as established by Soviet inquiry

The Soviet commission of inquiry concluded that; "Pilot Don Jamieson took a decision which was not justified by anything and gave a command to steer the ship through the dangerous for navigation passage between Cape Jackson and Jackson Head which must not be passed through because of insufficient depths for a ship of such draught." Nevertheless, the Russian navigator, chief officer Sergey Stepanishchev was sent to prison for 4 years "with labor" and fined $US30,000 because he did not overrule the pilot. New Zealand Prime Minister at the time of the sinking, David Lange, called the sentence "totally absurd; it's an instance of totalitarian justice being meted out to a man who had no ... responsibility for steering the ship anywhere near Port Jackson. In fact, he'd been stood down in favour of Captain Jamison." As harsh as it may seem - "The presence of a pilot on board does not relieve the master or officer in charge of the watch from their duties or obligations for the safety of the ship"

Court case

The disaster was the subject of the celebrated Australian restitution case '' Baltic Shipping Company v Dillon'' (The Mikhail Lermontov) (1993) 176 CLR 344, in which Mrs Dillon, having already been awarded damages for loss to both her possessions and person, as well as a pro-rata refund on her cruise ticket, claimed restitution for the remaining value of her ticket on the basis of

failure of consideration Failure of consideration is a technical legal term referring to situations in which one person confers a benefit upon another upon some condition or basis ("consideration Consideration is a concept of English law, English common law and is a n ...

. Rejecting proposed analyses of the cruise as an entire obligation, and alternatively as a payment conditional on performance, the High Court re-affirmed the rule that failure of consideration must be total in order for a claim for restitution to be sustained. Simply put, Mrs Dillon could not deny the benefit she received during her first eight days on the cruise. Furthermore, the court, following earlier English authority, held that full damages and complete restitution will not be given for the same breach of contract. The now-abolished forms of action cast a long shadow: a claim for money had and received evolved from the writ of indebitatus assumpsit, a legal fiction that the parties had an implied agreement that upon discharge for breach or frustration that the subject matter of the original agreement would be returned. An alternative

form of action The forms of action were the different procedures by which a legal claim could be made during much of the history of the English common law. Depending on the court, a plaintiff would purchase a writ in Chancery (or file a bill) which would set ...

lay in debt. In ''Holmes v Hall'' (1677) 2 Mod 260, it was recognised that where concurrent claims existed and a claim in assumpsit indebitatus was available, the claim in assumpsit operated to exclude other claims. In the 'modern' language of ''Dutch v Warren'' (1720) 1 Stra 406, ' he defendanthas given the plaintiff an option to disaffirm the contract, and recover the consideration he was paid for it in the same manner as if it had never existed....but then the contract must be totally rescinded...;since otherwise, the contract is affirmed by the plaintiff's having received part of that equivalent for which he has paid his consideration, and it is then reduced to a mere question of damages proportionate to the extent to which it remains unperformed.'(1720) 1 Stra. 406, at p 406 (93 ER 598, at p 599
Cases and Materials on the Law of Restitution, p274
/ref>

Notes

External links

New Zealand Disasters – Shipwreck: Mikhail Lermontov

at NZ Maritime Record
A full-length documentary
made in 2000, "Destination Disaster: The Sinking of the Mikhail Lermontov". Free to view on NZ On Screen.
A full-length documentary
featuring dive footage, made in 1986, "Mikhail Lermontov". Free to view on NZ On Screen.
Lermontov Wreck Dive Tours
Go Dive Marlborough, Picton, New Zealand
AP News Archive — Government report blames pilot for loss of Soviet ship
{{DEFAULTSORT:Mikhail Lermontov 1970 ships 1986 in New Zealand 1986 in the Soviet Union New Zealand–Soviet Union relations East Germany–Soviet Union relations Sunken cruise ships Maritime incidents in 1986 Ocean liners Ships built in East Germany Passenger ships of the Soviet Union Shipwrecks of the Cook Strait History of the Marlborough District Wreck diving sites Mikhail Lermontov Ships built in Wismar Marlborough Sounds 1980s in New Zealand Ships of Black Sea Shipping Company Ships sunk in collisions