COSCO Shipping Specialized Carriers Co., Ltd. v PT OKI PULP & PAPER MILLS & 2 Ors

[2024] SGHC 273 High Court (General Division) 25 October 2024 • HC/ADM 50/2022 ( HC/SUM 2712/2024 ) • 20 min read
11 cases cited (10 SG, 1 foreign) Cited by 1 case

Catchwords

Civil Procedure — Judgments and orders Civil Procedure — Stay of proceedings — Stay of execution — Interim stay of execution Civil Procedure — Jurisdiction — Whether General Division of the High Court having jurisdiction to stay execution of order made by the Court of Appeal

Practice Areas

Civil Procedure

Judges (1)

S Mohan Delivered

Counsel (14)

Clasis LLC Firm Providence Law Asia LLC Firm Rajah & Tann Singapore LLP Firm Abraham S Vergis Counsel Defendant Axl Rizqy Counsel Defendant Chan Wai Yi Kevin Counsel Defendant Dawn Tan Si Jie Counsel Defendant Dedi Affandi bin Ahmad Counsel Claimant Hazel Cheah Kam Ying Counsel Claimant Leong Lu Yuan Counsel Defendant Ngo Wei Shing Counsel Defendant Teo Wei Lin Elizabeth Counsel Defendant Toh Kian Sing Counsel Claimant Wu Muyu Counsel Claimant

Parties (4)

All other persons claiming or being entitled to claim damage, loss, expense, indemnity arising out of contact between “LE LI” (IMO No 9192674) and jetty/structure at Tanjung Tapa Pier on or about 31.05.2022 Defendant COSCO Shipping Specialized Carriers (Europe) BV Defendant COSCO Shipping Specialized Carriers Co, Ltd Claimant PT OKI Pulp & Paper Mills Defendant

Case Significance

In COSCO Shipping Specialized Carriers Co, Ltd v PT OKI Pulp & Paper Mills and others [2024] SGHC 273, the General Division of the High Court ("General Division") considered whether it had jurisdiction to grant an interim stay of execution of an anti-suit injunction that had been granted by the Court of Appeal. S Mohan J granted the application by PT OKI Pulp & Paper Mills ("OKI"), the first defendant, for an interim stay of execution of the Court of Appeal's anti-suit injunction pending the hearing and final determination of OKI's main application for a stay of execution. The proceedings arose in Admiralty in Personam No 50 of 2022 brought by COSCO Shipping Specialized Carriers Co, Ltd, and concerned damage arising out of contact between the vessel "LE LI" (IMO No 9192674) and the jetty/structure at Tanjung Tapa Pier on or about 31 May 2022. Noting what he described as a dearth of authority on the point of principle, S Mohan J published these written grounds, dated 25 October 2024, focusing on the jurisdiction of the General Division to grant such interim relief.

Summary

PT OKI Pulp & Paper Mills applied for an interim stay of execution of an anti-suit injunction granted by the Court of Appeal, pending the determination of its main stay application, in proceedings arising from a vessel owned by COSCO Shipping Specialized Carriers Co, Ltd making contact with a jetty in Indonesia in May 2022; COSCO objected that the General Division of the High Court lacked jurisdiction to hear the application. The central issue was whether the General Division had jurisdiction to stay execution of an order made by the Court of Appeal. The court held that the General Division did possess such jurisdiction and granted the interim stay sought by OKI subject to conditions.

What jurisdictional question arose in COSCO Shipping Specialized Carriers v PT OKI Pulp & Paper Mills [2024] SGHC 273?

S Mohan J considered whether the General Division of the High Court had jurisdiction to grant an interim stay of execution of an anti-suit injunction that had been granted by the Court of Appeal, an issue on which he noted a dearth of authority.

What order did S Mohan J make in [2024] SGHC 273?

S Mohan J granted PT OKI Pulp & Paper Mills' application for an interim stay of execution of the Court of Appeal's anti-suit injunction, pending the hearing and final determination of OKI's main application for a stay of execution.

Statutes Cited

Criminal Procedure Code (Cap 68) Cases on this Act →
s 313(g)
Supreme Court of Judicature Act (Cap 322) Cases on this Act →

Cases Cited (11)

SG (1)
[2024] SGHC 92
SLR (9)
[2002] 2 SLR(R) 336 [2007] 1 SLR(R) 453 [2013] 3 SLR 258 [2014] 3 SLR 357 [2015] 5 SLR 1032 [2016] 3 SLR 1273 [2021] 1 SLR 809 [2022] 2 SLR 340 [2024] 1 SLR 350
UK (1)
[1992] 1 QB 583

Cited By (1)

[2025] SGHC 87
COSCO Shipping Specialized Carriers Co., Ltd. v PT OKI PULP & PAPER MILLS & 2 Ors

Referenced in

Statutes interpreted in this judgment

Criminal Procedure Code Supreme Court of Judicature Act

Legal concepts & references

Civil Procedure — Judgments and orders Civil Procedure — Jurisdiction Civil Procedure — Stay of proceedings

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2024] SGHC 273)