The "Union Hodeidah"

• Jurisdiction: Singapore
• Judge: L P Thean J
• Judgment Date: 10 January 1987
• Neutral Citation: [1987] SGHC 1
• Docket Number: Admiralty Suit No 872 of 1980
• Date: 10 January 1987
• Year: 1987
• Published date: 19 September 2003
• Plaintiff Counsel: Yang Lih Shyng (Rodyk & Davidson)
• Citation: [1987] SGHC 1
• Defendant Counsel: Lawrence Boo (Emmanuel & Barker)
• Court: High Court (Singapore)
• Subject Matter: Whether plaintiffs adduced evidence of exceptional circumstances for renewal of writ,Extension of time,Action time-barred,Whether plaintiff adduced evidence of exceptional circumstances for renewal of writ,Admiralty jurisdiction and arrest,Civil Procedure,Renewal of writ,In rem action time-barred,Action in rem,Admiralty and Shipping

Cur Adv Vult

The plaintiff on 30 December 1980 took out a writ of summons in rem against the defendants and claimed damages for breach of contract and/or breach of duty and/or negligence on the part of the defendants, their servants or agents resulting in loss or damage to the plaintiff`s goods and/or short delivery of the said goods which were shipped on board the defendants` vessel `Union Hodeidah` (the Vessel) for carriage from Singapore to Jeddah in the months of December 1979 and January 1980. At the time of the issue of the writ, the vessel was not in port and the writ was taken out obviously to prevent the plaintiff`s claim from being time-barred. The writ was not served within one year from the date of its issue; but prior to its expiry, the plaintiff applied for it to be renewed and an order was made on 22 January 198 2 for renewal thereof for a period of 12 months with effect from 30 December 1981.

On or about 16 April 1982 the vessel was at the port of Singapore and service of the renewed writ was effected and the Vessel was arrested. The defendants entered a conditional appearance on 29 April 1982 and on 10 May 1982 applied by notice of motion to set aside the writ, the service thereof and the warrant of arrest. The motion ultimately came on for hearing. At the conclusion of the hearing, I allowed the motion: set aside the writ, the service thereof and the warrant of arrest and ordered the plaintiff to pay the costs of and incidental to the application on the basis as agreed.

The arguments of counsel had proceeded on the basis that at the time of the application for renewal of the writ, the cause of action to which the writ related had become time-barred and the question was whether the court should have exercised its discretion to renew the writ, as it did, as a result of which the defendants were deprived of a good defence to the claim. The principle relating to a renewal of a writ where the cause of the action has been time-barred is well settled and I can do no better than quote the following passage from the judgment of the Court of Appeal in The Big Beacher [1984-1985] SLR 131 :

The principle governing the renewal of a Writ has been firmly settled by the decision in Heaven v Road and Rail Wagons Ltd [1965] 2 QB 35. It is this. Where an application to renew a writ is made after the expiry of the relevant period of limitation, the court should not exercise its discretion in favour of renewing the writ, the effect of which would be to deprive the defendants of an otherwise good defence to the claim, unless there were exceptional circumstances which amount to a good and sufficient cause for renewing the writ. Such circumstances, as a guide, were ably set out by Brandon J (as he then was) in The Berny [1977] 2 Ll R 533.

Hence the only issue before me was whether there were exceptional circumstances which amounted to a good and sufficient cause for renewing the writ.

After the issue of the writ, the plaintiff through his solicitors, M/s Rodyk & Davidson engaged Singapore Adjusters and Surveyors Co (Pte) Ltd (SAS), who presumably are, inter alia, professional ship watchers, to watch out for the vessel calling at Singapore and to notify the plaintiff`s solicitors accordingly. In his affidavit affirmed on 4 December 1981 in support of the application for...