As you describe it, probably not. Vary the facts a little, however, and things change. Let's break up the incident by time:
  1. Two boats are sailing a beat to windward, away from any marks or obstructions. Boat S is on starboard tack, and boat P is on port tack.
  2. P turns up head-to-wind.
  3. P passes head-to-wind.
  4. P reaches a close-hauled course, clear ahead of S.
At time 1, Rule 10 (On Opposite Tacks) applies. P must keep clear of S.

At time 2, Rule 10 still applies.

At time 3, P is now on starboard tack (technically), but Rule 13 (While Tacking) now takes effect. P must still keep clear of S.

At time 4, Rule 13 ceases to apply and Rules 12 (On the Same Tack, Not Overlapped) and 15 (Acquiring Right of Way) kick in. S must keep clear of P, but P must give S room to do so. Note that the transition occurs when P reaches a close-hauled course. That is determined by the direction P is pointing, regardless of the position of her sails.

Now, if S has to take avoiding action at time 1 or 2, P breaks Rule 10. If S has to take avoiding action between time 3 and 4, P breaks Rule 13. If S has to take action immediately after time 4, or has to act in an unseamanlike way to avoid P, then P breaks rule 15. If S can avoid P by manoeuvring promptly in a seamanlike way, then P does not break any rule.

Here is a video of one boat tacking too close to another. It isn't catamarans (sorry), and the incident is a little different, but the rule applications are similar.



I hope that helps,
Eric