The "Simba"

JurisdictionSingapore
CourtFederal Court (Singapore)
JudgeChua F A J
Judgment Date30 September 1969
Neutral Citation[1969] SGFC 8
Citation[1969] SGFC 8
Published date19 September 2003
Defendant CounselKC O'Connor (Drew & Napier)
Plaintiff CounselAP Godwin (Donaldson & Burkinshaw)
Date30 September 1969
Docket NumberCivil Appeal No Y3 of 1969

At the conclusion of the hearing on 30 June 1969 we dismissed this appeal with costs, indicating that we would give our reasons at a later date. We now proceed to do so.

This was an appeal against the decision of T Kulasekaram J, dismissing a motion:

For an order that the writ of summons and all subsequent proceedings herein including the warrant of arrest be set aside with costs on the grounds following:

That the affidavit to lead the warrant of arrest is bad for non-compliance with O 75 r 5 of the Rules of the Supreme Court of England as applied by preliminary r 2 of the Rules of the Supreme Court in that (a) the port to which the said vessel belongs is not named, and (b) the requirements of the said O 75 r 5(8)(a), (b) and (c) have not been complied with and/or the said affidavit discloses no facts upon which the exercise of the jurisdiction conferred upon this honourable court by s 4 of the Courts (Admiralty Jurisdiction) Ordinance, 1961, can be founded and that the said vessel `Simba` now under arrest herein be released from such arrest and that a direction to release be sent to the Sheriff of Singapore.



This motion came on for hearing on 15 January 1969 by which time the said vessel had already been released on 23 December 1968 upon the defendants furnishing satisfactory security.

The plaintiffs in this case took out a writ against the defendants on 9 December 1968 and, on the same day, applied for a warrant for the arrest of the motor vessel `Simba` .

In support of this application, the following affidavit sworn to by Mr KA O`Connor, a partner of the firm of solicitors acting on their behalf, was filed the same day:

1 I am a partner in the firm of Drew & Napier and have the conduct of this action on behalf of the plaintiffs.

(2) I am informed by Messrs Lillick, McCase, Wheat, Adams and Charles, Attorneys of San Francisco, California, United States of America, and verily believe:

(a) that the plaintiffs who are a limited company incorporated in Israel, were the charterers of and owners of cargo laden on board the motor vessel `Simba`under a charterparty in Baltime form dated 16 March 1966;

(b) that during a voyage from ports in Europe to the West Coast of the United States the said cargo sustained damage;

(c) that the plaintiffs have a claim against the said vessel in respect of such damage;

(d) the property to be arrested is the `Simba`and the claim has not been satisfied.

3 The aid and process of this honourable court
...

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3 cases
  • The ‘Vinalines Pioneer’
    • Singapore
    • High Court (Singapore)
    • 26 October 2015
    ...admiralty jurisdiction. Notably, the 1861 Act was applicable in Singapore prior to 15 January 1962. A V Winslow J in The “Simba” [1968-1970] SLR(R) 555 (“The Simba”) explained the admiralty landscape as follows: 8 [T]he admiralty jurisdiction of the High Court in Singapore arose by virtue o......
  • The "Courageous Colocotronis"
    • Singapore
    • High Court (Singapore)
    • 25 May 1978
    ...party. Hoe Lee, The [1968-1970] SLR (R) 548; [1969-1971] SLR 286 (refd) Pritchard, deceased, Re [1963] Ch 502 (refd) Simba, The [1968-1970] SLR (R) 555; [1969-1971] SLR 84 (refd) Rules of the Supreme Court 1970, TheO 70r 4 (6) (b) (consd);O 2 Admiralty and Shipping–Practice and procedure of......
  • The "Vinalines Pioneer"
    • Singapore
    • High Court (Singapore)
    • 26 October 2015
    ...admiralty jurisdiction. Notably, the 1861 Act was applicable in Singapore prior to 15 January 1962. A V Winslow J in The “Simba” [1968-1970] SLR(R) 555 (“The Simba”) explained the admiralty landscape as follows: 8 [T]he admiralty jurisdiction of the High Court in Singapore arose by virtue o......

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