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Antara Koh Pte Ltd v Eng Tou Offshore Pte Ltd [2005] SGHC 166
The Singapore High Court dismissed Antara Koh Pte Ltd's application for a limitation decree, ruling the company failed to prove the crane barge casualty occurred without its actual fault or privity due to inadequate maintenance and supervision of safety-critical equipment.
The "Inai Selasih" (ex "Geopotes X") [2005] SGHC 132
An arrest of a ship in rem requires the plaintiff to establish that the defendant is the charterer of the ship at the time the cause of action arose. A sham charterparty created for external purposes does not confer the status of charterer.
Pan United Shipping Pte Ltd v Cendrawasih Shipping Pte Ltd [2004] SGHC 32
A shipowner cannot rely on a sham demise charterparty to avoid liability for cargo loss, especially when the charterparty was fabricated and not disclosed until after the claim against the alleged charterer became time-barred.
The "Acrux" [2004] SGHC 198
The court held that a payment under protest does not end the in rem action, and the plaintiff is entitled to be secured for costs based on its reasonably arguable best case.
Ever Lucky Shipping Co Ltd v Sunlight Mercantile Pte Ltd and Another [2003] SGHC 80
A shipowner is entitled to general average contribution from deck cargo interests if the contract of carriage effectively excludes liability for unseaworthiness, even if the vessel was unseaworthy at the commencement of the voyage.
The "Seaway" [2003] SGHC 315
In The "Seaway" [2003] SGHC 315, the High Court dismissed the defendants' appeal regarding limitation of liability under the Merchant Shipping Act. Despite the ruling, the court ordered the defendants to pay the plaintiffs' costs, as they failed on the primary issue that dominated the appeal.
The "Dilmun Fulmar" [2003] SGHC 270
A settlement agreement discharges original claims unless it expressly provides for their revival upon breach. If the agreement is affirmed after a repudiatory breach, the original claim cannot be revived.
The "An Ji Jiang" [2003] SGHC 224
In The An Ji Jiang [2003] SGHC 224, the High Court dismissed the plaintiffs' claim, ordered the rectification of the fixture note, and denied the defendants' damages claim due to insufficient evidence, resulting in a split costs order.
M-Power Development Pte Ltd v Goodway Agencies (Shipping) Pte Ltd [2003] SGHC 180
The court held that a default judgment should be set aside where there is a real prospect of success in the defence, particularly when the issue of whether the correct party was sued requires consideration at trial.
Evergreen International SA v Volkswagen Group Singapore Pte Ltd and Others [2003] SGHC 142
An anti-suit injunction may be granted to restrain foreign proceedings where Singapore is the natural forum and the foreign proceedings are vexatious or oppressive, particularly where they undermine a limitation decree and fund properly constituted in Singapore.
BNP Paribas v Bandung Shipping Pte Ltd (Shweta International Pte Ltd and Another, Third Parties) [2003] SGHC 111
In BNP Paribas v Bandung Shipping [2003] SGHC 111, the Singapore High Court held the shipowner liable for breach of contract and conversion for discharging cargo without original bills of lading, ruling that letters of indemnity do not shield shipowners from claims by lawful bill of lading holders.
The Alexandrea [2002] SGHC 82
The court held that for an action in rem to be brought under s 3(1)(l) of the High Court (Admiralty Jurisdiction) Act, the claim must arise in connection with the specific ship to which the goods or materials were supplied.
Voss Peer v APL Co Pte Ltd [2002] SGHC 81
A carrier is contractually bound to deliver cargo only upon production of the original bill of lading, regardless of whether it is an 'order bill' or a 'straight bill'.
Rapiscan Asia Pte Ltd v Global Container Freight Pte Ltd [2002] SGHC 72
A freight forwarder is liable for breach of contract where it negligently misrepresents the status of a shipment, and exemption clauses that do not expressly refer to negligence or satisfy the Morton tests do not exclude such liability.
The "Cherry" and others [2002] SGHC 68
A party can be a holder of a bill of lading under the Bills of Lading Act even if the bill is in the physical possession of its agent, provided the agent holds it in a purely ministerial capacity.
The Rainbow Spring [2002] SGHC 255
The High Court reversed the Assistant Registrar's decision, ruling that the plaintiff failed to prove mala fides or crassa negligentia. The court set aside the in rem writ and warrant of arrest, ordering the return of security and awarding the defendant $10,000 in costs.
Faith Maritime Co Ltd v Feoso (Singapore) Pte Ltd and another action [2002] SGHC 229
A party not claiming any right under a bill of lading cannot rely on s 2(1) of the Bills of Lading Act to mount a claim for breach of contract. A lien for demurrage and costs incorporated into a bill of lading is enforceable against the cargo owner even if the cargo owner is not
The ASL Power [2002] SGHC 164
The plaintiffs had no title to the cargo and thus no locus standi to sue the defendants in tort for the loss of the cargo as at the date of loss, because the sellers had reserved the right of disposal under the C&F contract until payment was made.
The "Aquarius III" [2002] SGHC 138
Post-arrest wages and disbursements of a crew retained to meet regulatory requirements for a vessel under arrest are to be treated as Sheriff's expenses.
Adani Wilmar Ltd v Cooperatieve Centrale Raiffeisen-Boerenleenbank BA ("Rabobank Nederland") [2002] SGHC 128
The Singapore High Court ruled in favor of Adani Wilmar Ltd, rejecting Rabobank's defenses of frustration and mistake. The court held that the bank breached the implied term of the right to sell goods, ordering damages to be assessed after finding the bank failed to mitigate contractual impediments.
The "Patraikos 2" [2002] SGHC 103
In The Patraikos 2 [2002] SGHC 103, the High Court ruled against the shipowners, finding they breached their non-delegable duty to ensure seaworthiness under the Hague Rules. The court dismissed the defendants' counterclaim for general average, emphasizing the shipowner's liability for cargo damage.
The "Feng Hang and Others" [2001] SGHC 378
A claimant must prove that the defendant's breach of contract or tort was the effective or dominant cause of the loss, applying a common sense approach to causation.
The "Neptra Premier" [2001] SGHC 223
The court held that the plaintiffs were not carrying on a money lending business within the contemplation of the Money Lenders Ordinance, and even if they were, it would be inequitable to deny them recovery.
The "Arktis Fighter" [2001] SGHC 124
The court held that security for an arrested vessel should cover the plaintiff's reasonably best arguable case, including interest and costs, but should not exceed the value of the vessel, and that ex parte applications for inspection should be made only in exceptional circumstan