SEATRIUM NEW ENERGY LIMITED (FORMERLY KNOWN AS KEPPEL FELS LIMITED) v HJ SHIPBUILDING & CONSTRUCTION CO., LTD.

Case Significance

Seatrium New Energy Ltd (formerly known as Keppel FELS Ltd) v HJ Shipbuilding & Construction Co, Ltd (formerly known as Hanjin Heavy Industries and Construction Co Ltd) [2024] SGHC(A) 26 was an ex tempore judgment delivered by Kannan Ramesh JAD on behalf of the Appellate Division of the High Court of Singapore on 16 September 2024, with See Kee Oon JAD and Philip Jeyaretnam J on the coram, in Civil Appeal No 131 of 2023. The appeal was against the decision of a Judge of the General Division of the High Court dismissing the appellant's claim against the respondent for defective work carried out by the respondent pursuant to a subcontract between them in relation to a vessel; the decision below is reported at [2023] SGHC 264. The court dismissed the appeal.

The catchwords frame the issues as promissory estoppel, whether a party's claim was precluded by a contractual term excluding liability, whether a duty of care in negligence can be imposed in addition to a co-terminous contractual duty, and whether latent defects that do not manifest or are not discovered during the warranty period are nonetheless caught by the warranty. The appellant Seatrium New Energy Ltd was represented by Rajah & Tann Singapore LLP, including Wong Soon Peng Adrian, Mark Tang Yu Zhong, Sara Sim Hui Li, Sia Bao Huei and Wayne Yeo (Yang Weien), while the respondent HJ Shipbuilding & Construction Co, Ltd was represented by Kenneth Tan Partnership and Virtus Law LLP, including Tan Wee Kheng Kenneth Michael, Daryll Richard Ng, Ang Kaili and Shannon Yeo Feng Ting.