THE VINALINES PIONEER

[2015] SGHC 278, Singapore High Court, Belinda Ang Saw Ean J, 26 October 2015

Admiralty - Admiralty jurisdiction - Arrest - Meaning of "damage done by a ship" - High Court (Admiralty Jurisdiction) Act (Cap 123, 2001 Rev Ed), section 3(1)(d)

The plaintiff, Hung Dao, and the defendant, VNSL, were companies incorporated in Vietnam. In June 2013 Hung Dao commenced in rem proceedings in Singapore, arresting Vinalines Pioneer for the loss of 111 containers on board Phu Tan that capsized and sank in the Gulf of Tonkin in heavy seas on 16 December 2010, with no other vessel involved in the incident. VNSL was at all material times the owner of both vessels. This was the defendants' application for the setting aside of the in rem writ, appealing the Assistant Registrar's decision. There were three main issues to be resolved: first, the jurisdictional issue of whether Hung Dao's claim was a claim for damage done by a ship falling under section 3(1)(d) of the High Court (Admiralty Jurisdiction) Act ("HCAJA"); secondly, the striking-out issue of whether Hung Dao's claim was time-barred under Vietnamese law; and thirdly, on non-disclosure of facts that would materially affect the issue of jurisdiction as well as the overall merits of the case.