Likpin International Ltd v Swiber Holdings Ltd and another
Judge | Steven Chong J |
Judgment Date | 01 October 2015 |
Neutral Citation | [2015] SGHC 248 |
Citation | [2015] SGHC 248 |
Docket Number | Admiralty in Personam No 113 of 2015 (Registrar’s Appeal No 239 of 2015) |
Published date | 05 August 2016 |
Hearing Date | 31 August 2015 |
Plaintiff Counsel | Tan Hin Wa, Jason (Asia Ascent Law Corporation) |
Date | 01 October 2015 |
Defendant Counsel | Jimmy Yim, SC, Arvindran s/o Manoosegaran and Mahesh Rai (Drew & Napier LLC) |
Court | High Court (Singapore) |
Subject Matter | Striking Out,Civil Procedure |
Likpin International Ltd (“the plaintiff”), together with its consortium member, was awarded a contract by Vietsovpetro to perform a subsea construction project (“the VSP project”) at the Nam Rong and Doi Moi oilfields in Vietnam. As the VSP project required the use of a pipe-laying vessel, the plaintiff entered into negotiations with the defendants to charter a suitable vessel. Swiber Holdings Limited (“the 1st defendant”) is a public listed company while Swiber Offshore Construction Pte Ltd (“the 2nd defendant”) is its wholly owned subsidiary. Two pipe-laying vessels owned by the 2nd defendant were identified for the plaintiff’s chartering requirements.
In order to appreciate the context of the essential facts which will be examined below, it is important always to bear in mind that, at
On 29 May 2009, a charterparty was entered into between the plaintiff and the 2nd defendant for one of the two vessels (“the Concorde charterparty”). The charterparty was in fact performed. Disputes, however, arose between the parties. In accordance with the arbitration clause in the Concorde charterparty, an arbitration was commenced by the 2nd defendant against the plaintiff for non-payment of charter hire (“the arbitration”). The plaintiff brought a counterclaim against the 2nd defendant for damages for breach of contract. For reasons which are not relevant for present purposes, the plaintiff and the 2nd defendant resolved their disputes and entered into a settlement agreement dated 24 March 2015 (“the Settlement Agreement”).
The defendants thought that, with the settlement, the dispute was behind them. However, in the course of conducting routine due diligence, the defendants’ banker discovered that a “protective” admiralty
The plaintiff’s estimate of its unliquidated claim in the accompanying Case Details of the suit is $10,700,000. The claim against the 2nd defendant is for the tort of procuring the 1st defendant’s breach of contract. The defendants entered appearance
There are two parts to the defendants’ arguments:
Accordingly, the defendants submit that the suit is frivolous, vexatious and/or does not disclose a reasonable cause of action as against the 1st defendant. Insofar as the 2nd defendant is concerned, they submit that the suit is an abuse of process.
The plaintiff’s claim The plaintiff’s claim is for a breach of the Procurement Agreement which, on the face of the endorsement on the writ, was allegedly concluded between the plaintiff and the 1st defendant only (and not the 2nd defendant) in respect of the vessel,
… damages for breach of an agreement to procure the supply and/or mobilisation of the ship or vessel known as the
Swiber Conquest by 20th May 2009 for the Plaintiffs’ use and/or hire in the Plaintiffs’ projects (the “Agreement”). [emphasis added]
… damages for procuring and/or inducing breaches of the Agreement, and/or interfering with the Agreement.
The plaintiff has invoked the admiralty jurisdiction of the court. In response to the court’s query as to which limb of the High Court (Admiralty Jurisdiction) Act (Cap 123, 2001 Rev Ed) the plaintiff's claim falls under, the plaintiff’s counsel, Mr Jason Tan (“Mr Tan”), submitted that it is under s 3(1)(
When the defendants filed SUM 3225/2015 on 1 July 2015, the statement of claim had not been filed by the plaintiff. The statement of claim was only filed on 14 August 2015. At the hearing before me on 31 August 2015, Mr Tan submitted that the striking out application pertained only to the
I must clarify that the claims of misrepresentation and conspiracy raised in the plaintiff’s statement of claim but not endorsed on the writ do not arise for consideration in the striking out application. Order 18 r 15(2) of the Rules of Court (Cap 322, R 5, 2014 Rev Ed) (“Rules of Court”) states that a statement of claim “must not contain any allegation or claim in respect of a cause of action unless that cause of action is mentioned in the writ or arises from facts which are the same as, or include or form part of, facts giving rise to a cause of action so mentioned”. Given that the endorsement does not mention any claim for conspiracy or misrepresentation, and given also that it is common ground between the parties that what is at issue is the striking out of the
Having outlined the plaintiff’s claim, I shall now consider the preliminary issue of whether the court may take cognisance of the statement of claim which was filed
A brief overview of the short procedural history of the present suit will be helpful to set the application in context:
At the hearing before me, Mr Tan submitted that, as a matter of “natural justice”, the court should consider the application based
Not only was Mr Tan unable to adduce any authority in support of his submission, this is plainly wrong. As the Court of Appeal in
It is curious that the plaintiff would object to the court taking cognisance of its own statement of claim and it certainly does not lie in the mouth of the plaintiff to now complain that it did not have an opportunity to address questions arising from
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