The "Virginia Rhea"

• Jurisdiction: Singapore
• Judge: A P Rajah J
• Judgment Date: 01 October 1982
• Neutral Citation: [1982] SGHC 32
• Docket Number: Admiralty in Rem No 717 of 1980
• Date: 01 October 1982
• Year: 1982
• Published date: 19 September 2003
• Plaintiff Counsel: Vivian Ang (Godwin & Co)
• Citation: [1982] SGHC 32
• Defendant Counsel: G Pannirselvam (Drew & Napier)
• Court: High Court (Singapore)
• Subject Matter: Admiralty and Shipping,O 20 rr 1 & 5 Rules of the Supreme Court 1970,Amendment to include another bill of lading,Writ in rem,Amendment of indorsement,Application to set aside,Whether it arose out of the same facts as the cause already pleaded,Practice and procedure of action in rem,Whether amendment amounted to a new cause of action

This is an appeal from the learned registrar`s decision in which he dismissed the defendants` application to set aside the plaintiffs` amendment without leave (O 20 r 1) dated 21 November 1981 to the indorsement of claim on the writ herein. The amendment material to this appeal are the inserted words `and KKS33`.

The facts relevant to this appeal are not in dispute. On 22 October 1980 the plaintiffs issued a writ in remin Suit No 717 of 1980 against the owners of the ships or vessels Virginia Rhea, Virginia Sun, and Mont Pioneer ex Virginia Sun. The claim of the plaintiffs therein was as owners or consignees of goods shipped on board the vessel Virginia Rhea or alternatively as indorsees or holders for value of four bills of lading issued in respect thereof. The writ was not served as none of the ships mentioned in the writ had come into the port of Singapore. The validity of the writ was extended by the order of court dated 27 October 1981 for a period of 12 months from 22 October 1981, an application therefor having been made on 2 October 1981. On 21 November 1981 the plaintiffs amended the indorsement of claim as stated.

On 13 March 1982 the plaintiffs obtained an order of court to amend the summons further by deleting all the names of the vessels therein mentioned other than Virginia Rhea with consequential amendments of the writ. On 15 March 1982 the vessel Virginia Rhea was arrested under the writ. She was released on the following day.

On 29 March 1982 the defendants, through their solicitors, entered a conditional appearance without prejudice to an application to set aside the writ or service thereof. On 10 April 1982 the defendants took out a summons seeking to delete the amendments referred to above effected by the plaintiffs on 21 November 1981. It was in these circumstances that the matter went up before the registrar when he made the order now complained of.

The four bills of lading mentioned in the original indorsement of claim are numbered KKS1, KKS3, KKS31 and KKS32. The amendment complained of sought to bring in yet another bill of lading numbered KKS33. It is not in dispute that when the amendment was effected by the plaintiffs on 21 November 1981 limitation had already set in against KKS33.

Shortly, the position taken by the defendants in their appeal is (1) that in so far as KKS33 is concerned the period of limitation had set in some time prior to 21 November 1981 (not denied by the plaintiffs), (2) that the first amendment effected by the plaintiffs was not in order and (3) that such amendment should therefore be struck out. They contended that by introducing the amendment a new cause of action was being introduced into the litigation and that such an introduction had the effect of depriving them of a legitimate defence. The plaintiffs`...