NATIXIS, SINGAPORE BRANCH V SESHADRI RAJAGOPALAN AND OTHERS

[2025] SGCA 29, Singapore Court of Appeal, Sundaresh Menon CJ, Steven Chong JCA and Kannan Ramesh JAD, 24 June 2025

Admiralty – Arrest – Action in rem – Statutory liens – Bill of lading claimants obtaining writ in rem against vessel of insolvent demise charterer – Vessel not arrested - Vessel arrested by mortgagee and judicially sold in foreign jurisdiction – Statutory lien a right to security enforceable by arresting the vessel – Insolvency - Disposal of property – Insolvency, Restructuring and Dissolution Act 2018 (2020 Revised Edition), section 100(2)

The appellant banks had applied for writs in rem against the vessel Chang Bai San in Singapore in respect of claims under bills of lading. The respondents were the judicial managers of the insolvent shipowner, and the shipowner itself.