UOB v Sim Marine: Mortgagee's Claim for Vessel Delivery & Damages for Detinue
United Overseas Bank Limited (UOB), as mortgagee of the vessel 'Equator Royal', brought an action against Sim Marine Services Pte Ltd in the High Court of Singapore on September 19, 2000, for failing to deliver the vessel after UOB terminated a facility to Thong Soon Lines Pte Ltd, the charterers of the vessel. The court, Woo Bih Li JC presiding, found that Sim Marine Services Pte Ltd had not discharged its burden of proving that it had terminated the charterparty and parted with possession of the vessel before UOB's demand. The court granted judgment in favor of UOB, awarding damages for detinue.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Plaintiff
1.3 Case Type
Admiralty
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
UOB, mortgagee of vessel 'Equator Royal', sued Sim Marine for failing to deliver the vessel. The court granted judgment for UOB, awarding damages for detinue.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| United Overseas Bank Limited | Plaintiff | Corporation | Judgment for Plaintiff | Won | Andrew Ong, Kendall Tan |
| Sim Marine Services Pte Ltd | Defendant | Corporation | Judgment against Defendant | Lost | Jeffrey Beh |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Andrew Ong | Rajah & Tann |
| Kendall Tan | Rajah & Tann |
| Jeffrey Beh | Lee Bon Leong & Co |
4. Facts
- United Overseas Bank Limited was the mortgagee of the vessel ‘Equator Royal’.
- The vessel was owned by Thong Soon Maritime Pte Ltd.
- The vessel was mortgaged to United Overseas Bank Limited for a facility granted to Thong Soon Lines Pte Ltd.
- Thong Soon Maritime Pte Ltd entered into a Barecon ’89 Charterparty with Sim Marine Services Pte Ltd.
- The facility to Thong Soon Lines Pte Ltd was terminated by United Overseas Bank Limited.
- United Overseas Bank Limited demanded payment from Thong Soon Maritime Pte Ltd for the monies outstanding.
- United Overseas Bank Limited commenced action against Thong Soon Lines Pte Ltd and Thong Soon Maritime Pte Ltd.
- United Overseas Bank Limited informed Sim Marine Services Pte Ltd of their interest in the vessel and asked that all future hire be paid directly to them.
- United Overseas Bank Limited obtained Judgment in Default of Appearance against Thong Soon Maritime Pte Ltd.
- Sim Marine Services Pte Ltd did not deliver up the vessel to United Overseas Bank Limited.
5. Formal Citations
- United Overseas Bank Limited v Sim Marine Services Pte Ltd, Adm in Per 137/1999, [2000] SGHC 191
6. Timeline
| Date | Event |
|---|---|
| Charterparty dated 1 May 1998 entered into between Thong Soon Maritime Pte Ltd and Sim Marine Services Pte Ltd. | |
| Facility to Thong Soon Lines terminated by letter from Plaintiffs’ solicitors. | |
| Plaintiffs demanded payment from the Owners for the monies outstanding. | |
| Defendants claim Charterparty was terminated. | |
| Plaintiffs commenced action in Suit No 1219 of 1998. | |
| Plaintiffs informed Defendants of their interest in the Vessel. | |
| Plaintiffs obtained Judgment in Default of Appearance against the Owners. | |
| Reminder sent by Plaintiffs’ solicitors seeking a response. | |
| Third letter sent by Plaintiffs’ solicitors to the Defendants enclosing a copy of the default Judgment. | |
| Judgment issued. |
7. Legal Issues
- Detinue
- Outcome: The court granted judgment in favor of the Plaintiffs against the Defendants for damages for detinue.
- Category: Substantive
- Termination of Charterparty
- Outcome: The court found that the Defendants failed to discharge the burden of proving that they had terminated the Charterparty and parted with possession of the Vessel before 13 August 1998.
- Category: Substantive
8. Remedies Sought
- Delivery of Vessel
- Damages
9. Cause of Actions
- Detinue
10. Practice Areas
- Admiralty
- Commercial Litigation
11. Industries
- Banking
- Shipping
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Mortgagee
- Vessel
- Charterparty
- Detinue
- Barecon '89
- Off-hire
15.2 Keywords
- mortgage
- vessel
- charterparty
- detinue
- shipping
- banking
16. Subjects
- Shipping
- Banking
- Mortgages
17. Areas of Law
- Admiralty Law
- Mortgages
- Contract Law
- Shipping Law