THE VASILY GOLOVNIN

[2008] SGCA 39, Singapore Court of Appeal, Andrew Phang Boon Leong JA, Chan Sek Keong CJ, VK Rajah JA, 19 September 2008

Ship arrest – Arrest of sister ship – Sustainability of action – Whether good arguable case – Disclosure of material facts at ex parte hearing – Issue estoppel – Whether writ in rem ought to be struck out – Whether warrant of arrest should be set aside – Damages for wrongful arrest

The Vasily Golovnin, the sister ship of a vessel carrying the cargo to which the plaintiff banks were the lawful holders of the bills of lading, had been arrested in Singapore following an ex parte hearing. This was the Court of Appeal’s decision on an application to set aside the arrest and a cross-appeal for damages for wrongful arrest. The claim of the banks was based on the non-delivery of cargo to it and on damage the cargo had suffered while in the care and custody of the shipowner.