THE “ECHO STAR” EX “GAS INFINITY”

[2020] SGHC 200, Singapore High Court, S Mohan JC, 28 September 2020

Admiralty – Jurisdiction – Arrest – Collision – Maritime lien – Proper defendant to enter appearance – Whether new owner or previous owner the correct in personam defendant – Withdrawal of appearance – Intervener

On or about 7 April 2019, the vessels Royal Arsenal and Echo Star (then named Gas Infinity) had been involved in a collision in the Strait of Hormuz. On or about 28 July 2019, SD sold Echo Star and transferred ownership of it to C, which took possession and renamed Gas Infinity to Echo Star. It was undisputed that C was a stranger to the collision. On 6 November 2019, the owners of the Royal Arsenal commenced an admiralty action in rem issuing the writ against Echo Star and owners and charterers. C entered an appearance as defendant and furnished security. SD subsequently also entered an appearance as owner. C then requested to withdraw its appearance as defendant and enter instead an appearance as intervener. The plaintiff did not consent to this. The assistant registrar allowed the application. The plaintiff appealed. The questions for the judge were which of SD and C was the proper defendant, and whether C should be allowed to appear as an intervener.