MV "Ivory Tirupati" and Anr v Badan Urusan Logistik - Supreme Court of Appeal (Hefer AP, Scott, Farlam, Conradie JJA and Jones AJA) - 29 November 2002

Admiralty jurisdiction - Vessel arrested by cargo owners in Singapore - Vessel released on provision of P&I Club letter of undertaking - Cargo owners obtaining judgment in Hong Kong - P&I Club going in to provisional liquidation and failing to pay judgment debt - Cargo owners arresting associated ship in South Africa

Badan Urusan Logistik ("the respondents") were the owners of a cargo of Indian rice shipped on board the vessel Amer Prabha between India and Indonesia. The cargo was damaged, and on 11 December 1996 the respondents issued a writ in rem in Hong Kong. On 3 February 1997 the respondents issued a similar writ in Singapore, and on 29 October 1997 the Amer Prabha was arrested in Singapore. On 30 October 1997 the vessel’s P&I Club, the Ocean Marine Association Ltd ("Ocean Marine"), issued a letter of undertaking in consideration of the respondents’ releasing the vessel from arrest and of the respondents’ "refraining from taking any action resulting in the arrest of the abovenamed ship [ie the Amer Prabha] or any other ship in the same or associated ownership, management or control for the purpose of founding jurisdiction and/or obtaining security in respect of any claims of the [Respondents] concerning the cargo mentioned above."