Owner and/or Demise Charterer of the vessel A SYMPHONY (IMO No. 9249324) v Owner of the vessel "SEA JUSTICE" (IMO No. 9309514)

[2024] SGCA 32 Court of Appeal 26 August 2024 • CA/CA 11/2024 • 13 min read

7 cases cited (5 SG, 2 foreign)

Catchwords

Conflict of Laws - Natural forum Admiralty and Shipping - Admiralty jurisdiction and arrest - Stay of action proceedings

Practice Areas

Conflict of Laws Admiralty and Shipping

Judges (2)

Belinda Ang Saw Ean Delivered Tay Yong Kwang Coram

Counsel (10)

AsiaLegal LLC Firm Incisive Law LLC Firm Goh Sze Kee Counsel Appellant Kunal Haresh Mirpuri Counsel Respondent Liao Yanting Counsel Appellant Loh Wai Yue Counsel Respondent Ng Yuhui Counsel Respondent Seow Hwang Seng John Counsel Respondent Tan Thye Hoe Timothy Counsel Appellant Zhang Zhen Rui Gerry Counsel Respondent

Parties (2)

Owner and/or Demise Charterer of the vessel "A SYMPHONY" Appellant Owner of the vessel "SEA JUSTICE" Respondent

Case Significance

The "Sea Justice" [2024] SGCA 32 was decided by the Court of Appeal of the Republic of Singapore in Civil Appeal No 11 of 2024, with Belinda Ang Saw Ean JCA delivering the judgment of the court, sitting with Tay Yong Kwang JCA. The matter was heard on 4 June 2024 and the judgment was issued on 26 August 2024. It was an appeal against the decision of a judicial commissioner in the General Division of the High Court in HC/RA 246/2023, the full facts being set out in the judge's decision in The Sea Justice [2024] SGHC 37. The appellant was the Owner and/or Demise Charterer of the vessel A Symphony, and the respondent was the Owner of the vessel Sea Justice.

As recounted in the judgment, on 27 April 2021 a collision occurred between the vessels A Symphony and Sea Justice off the coast of Qingdao, China, in Chinese territorial waters, causing substantial damage to the A Symphony and a marine pollution incident as oil spilled into the sea. On 20 October 2022 the Sea Justice was arrested in Singapore by the appellant, the owner of the A Symphony, pursuant to its claim in HC/ADM 61/2021 for collision damage and consequential losses, including a declaration for indemnity against oil pollution. The catchwords identify the issues as admiralty jurisdiction and arrest with a stay of action proceedings, and conflict of laws as to the natural forum; the statutes noted include the Arbitration Act, the International Arbitration Act and the Limitation Act. AsiaLegal LLC acted for the appellant and Incisive Law LLC for the respondent.

Summary

This appeal arose from the arrest in Singapore of the vessel Sea Justice following a collision off Qingdao, China, that damaged the A Symphony and caused an oil pollution incident, where the owner of the A Symphony brought a claim for collision damage and related losses. The issue concerned whether Singapore proceedings should be stayed in favour of the Qingdao Maritime Court, where related proceedings and limitation funds had already been constituted. The Court of Appeal dismissed the appeal, holding that the Qingdao Maritime Court was clearly and distinctly the more appropriate forum, and fixed costs at $25,000.

What was the dispute in The "Sea Justice" [2024] SGCA 32?

It arose from a 27 April 2021 collision between the vessels A Symphony and Sea Justice off Qingdao, China. The Court of Appeal heard Civil Appeal No 11 of 2024 on a stay of the Singapore arrest proceedings and the natural forum, with Belinda Ang Saw Ean JCA delivering judgment.

Why was the vessel Sea Justice arrested in Singapore?

On 20 October 2022 the Sea Justice was arrested in Singapore by the owner of the A Symphony, pursuant to its claim in HC/ADM 61/2021 for collision damage and consequential losses, including a declaration to be indemnified against oil pollution following the Qingdao collision.