The "Kiku Pacific"
| Jurisdiction | Singapore |
| Judgment Date | 27 April 1999 |
| Date | 27 April 1999 |
| Docket Number | Civil Appeal No 305 of 1998 |
| Court | Court of Appeal (Singapore) |
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16 cases
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The "Inai Selasih" (ex "Geopotes X")
...Moo PC 352; 14 ER 945; Walter Turnbull v The Owners of the Ship “Strathnaver”, The Strathnaver (1875) 1 App Cas 58 and The Kiku Pacific [1999] 2 SLR 595 at [30]. The judge below had not applied the wrong principle. We differed from her in relation to the appreciation of the facts and the in......
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Willers v Joyce (No 1)
...part follow the English cases. They include the decision of Selvam JC in The Ohm Mariana, Ex p Peony [1992] 1 SLR(R) 556 and The Kiku Pacific [1999] SGCA 96, in which the Court of Appeal, endorsed the test of mala fides and crassa negligentia implying malice rather than the test of absence ......
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The “Vasiliy Golovnin”
...the law on when damages may be recovered for wrongful arrest of ships has been authoritatively and lucidly set out in The Kiku Pacific [1999] 2 SLR 595. M Karthigesu JA, on behalf of this court, approved the test for awarding damages for wrongful arrest that was first enunciated some 150 ye......
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The “Vasiliy Golovnin”
...that there was mala fides or crassa negligentia on the part of the banks: see The Evangelismos (1858) 12 Moo PC 352; The Kiku Pacific [1999] 2 SLR 595 at [30] and The” Inai Selasih” at [2006] 2 SLR 181 at 74 In The Kiku Pacific [1999] 2 SLR 595, Karthigesu JA approved of the test for awardi......
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5 books & journal articles
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Admiralty, Shipping and Aviation Law
...PC 352; 14 ER 945) has stood undisturbed for more than a century and was re-affirmed by the Singapore Court of Appeal in The Kiku Pacific[1999] 2 SLR 595, V K Rajah JA was quick to point out that the test is overly generous towards the plaintiff because the requirement of malice or gross ne......
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Charting Our Own Courses: The Australia, New Zealand, and Singapore Journeys in Maritime Law
...Mobil Oil New Zealand Ltd v The ship “Rangiora” [2000] 1 NZLR 49 (“ The Rangiora ”). 62 The Maule [1995] 2 HKC 769 63 The Kiku Pacific [1999] 2 SLR(R) 91 64 The Kommunar (No 3) [1997] 1 Lloyds Rep 22 65 The Kommunar (No 3) at 30, approved of by the Court of Appeal in Gulf Azov Shipping Co L......
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Admiralty, Shipping and Aviation Law
...out by Colman J in The Kommunar (No 3)[1997] 1 Lloyd's Rep 22, which was cited with approval by the Court of Appeal in The Kiku Pacific[1999] 2 SLR(R) 91 and The Vasiliy Golovnin, involved the consideration of two situations (The STX Mumbai at [78]): (a) first, cases of mala fides, where it......
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Admiralty, Shipping and Aviation Law
...or crassa negligentia amounting to malice on the part of the arresting party: see The Evangelismos(1858) 12 Moo PC 352, The Kiku Pacific[1999] 2 SLR 595 at [30] and The Inai Selasih at [2006] 2 SLR 181 at [28]. 2.26 Tan J (at [74]) adopted the test for awarding damages for wrongful arrest a......
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