The "Brunei 602"
| Jurisdiction | Singapore |
| Judge | T Kulasekaram J |
| Judgment Date | 17 February 1984 |
| Neutral Citation | [1984] SGCA 4 |
| Docket Number | Civil Appeal No 42 of 1983 |
| Date | 17 February 1984 |
| Published date | 19 September 2003 |
| Year | 1984 |
| Plaintiff Counsel | A Reddy (Niru & Co) |
| Citation | [1984] SGCA 4 |
| Defendant Counsel | G Pannirselvam (Drew & Napier) |
| Court | Court of Appeal (Singapore) |
| Subject Matter | Plaintiffs not allowed to circumvent 'single arrest rule',Admiralty jurisdiction and arrest,Both tug and barge owned by same company,Admiralty and Shipping,Cargo lost at sea,ss 3(1) & 4(4) High Court Admiralty Jurisdiction Act (Cap 6),Whether plaintiffs may arrest sister ship,Claim against owners of tug and owners of barge,Arrest of tug,Action in rem |
This appeal arises from an application by the first and second respondents herein (the first and second defendants) in an Admiralty action in rem to set aside proceedings against the second defendants on the following grounds:
(a) that the appellants (plaintiffs) having invoked the Admiralty jurisdiction against a vessel, namely the tug `Hai Hin 28`, belonging to the first defendants and arrested it, are thereafter precluded from proceeding against another vessel (in the instant case the dumb barge Brunei 602) owned by the first defendants;
(b) that of duplicity of the claim against the same defendants.
The relevant facts may be stated briefly.
On or about 10 May 1981 there were shipped under a bill of lading of the same date 398 pieces of coal tar enamel coated pipes in three different sizes `On board the ship `Brunei 602` towed by the tug `Hai Hin 28` in or at the Port of Singapore` (as stated in the said bill of lading) for carriage to and delivery at Handil II Samarinda, Indonesia. The plaintiffs were at all material times the owner of the said goods. These goods had been laden aboard the dumb barge `Brunei 602` and it was to be towed to its destination by the tug. Both the dumb barge and the tug were at all material times owned by Seng Leong Seong Shipping Enterprises (Pte) Ltd of Singapore. On 29 May 1981 the goods, whilst being so transported to their destination, fell into the sea off the coast of Kalimantan near Tanjong Puting and were totally lost.
It was in these circumstances that on 26 June 1982 the plaintiffs issued their writ in Admiralty in rem No 487 of 1982 against the first defendants as the owners of the tug `Hai Hin 28` and the second Defendants as the owners of the barge `Brunei 602`. The indorsement to the writ reads: `The plaintiffs, as owners of goods and/or holders of the Bill of Lading shipped on board the second defendants` vessel `Brunei 602` for carrying from Singapore to Balikpappan, claim against the first Defendants or alternatively the second Defendants for negligence and/or breach of contract and/or breach of duty in respect of loss to the said goods during the said voyage.`
The tug was arrested on 3 February 1983. The first and second defendants entered conditional appearance to the writ on 11 February 1983 without prejudice to their applying to set aside the writ or service thereof, and, accordingly, on 18 February 1983 they filed an application by way of summons for an order that the proceedings against the second defendants be set aside on the grounds as hereinbefore stated. The application was heard before the learned deputy registrar who acceded to the application and ordered that all proceedings against the second defendants be set aside. The plaintiffs appealed against his order. The appeal was heard before Abdul Wahab Ghows J who dismissed the appeal.
The plaintiffs now appeal against the decision of Abdul Wahab Ghows J.
The defendants do not dispute that the claim of the plaintiffs for the loss of the said goods is within the listed provisions of s 3(1) of the High Court (Admiralty Jurisdiction) Act (Cap 6) (the Act), but...
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