Kay ex Vladimir Chivilikhin: Admiralty Claim for Crew Wages and Ship Repair Dispute
In the High Court of Singapore, the case of *Kay ex Vladimir Chivilikhin* [2000] SGHC 274 (Adm in Rem 773/1998) involved a claim by the crew of the vessel "VIRGO I" for unpaid wages and a related claim by Singapore Technologies Marine Ltd ("ST Marine") for ship repairs. Vladivostock Base of Trawling and Refrigeratory Fleet ("VBTRF") sought to remit the determination of the validity of the agreement between Falkland Investments Ltd and VBTRF to the Primorskiy Krai Arbitration Court and stay proceedings. The court denied the motion, asserting its jurisdiction after the vessel's sale and judgments for the crew and ST Marine.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Motion denied.
1.3 Case Type
Admiralty
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Admiralty claim involving crew wages and ship repair. The court denied the motion to remit the case to a foreign court after the vessel's sale.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Singapore Technologies Marine Ltd. | Intervener | Corporation | Judgment in Default | Won | |
| Falkland Investments Ltd | Defendant | Corporation | Appearance as owner allowed | Neutral | |
| Vladivostock Base of Trawling and Refrigeratory Fleet | Intervener | Corporation | Motion denied | Lost | |
| Kay | Plaintiff | Other | Judgment for Plaintiff | Won | |
| Vladimir Chivilikhin | Defendant | Other | Judgment in Default | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| G P Selvam | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|
4. Facts
- The action was brought by the crew to recover wages and other benefits.
- Singapore Technologies Marine Ltd had a claim against the vessel for repairs, goods supplied and services rendered.
- No appearance was entered by the owners of the vessels initially.
- Falkland Investments Ltd applied to enter an appearance as defendants, claiming ownership of the vessel.
- Vladivostock Base of Trawling and Refrigeratory Fleet intervened, disputing the ownership of the vessel.
- The vessel "VIRGO I" was sold for S$3,910,000.
- The crew invoked the jurisdiction on the basis that the vessel belonged to the Port of Belize and her owners were Falkland Investments Ltd.
5. Formal Citations
- Kay ex Vladimir Chivilikhin, , [2000] SGHC 274
6. Timeline
| Date | Event |
|---|---|
| Action filed by crew | |
| Vessel arrested | |
| Crew filed a notice of motion for judgment in default of appearance | |
| Vessels were ordered to be appraised and sold | |
| Master filed a supplementary affidavit | |
| Judgment granted for the plaintiffs | |
| Agreement evidencing the transfer of ownership of the KAPITAN VOLOSHIN | |
| ST Marine obtained judgment in default of appearance | |
| Insurers filed an action in personam against Falkland Investments Ltd | |
| Insurers obtained default judgment against Falkland | |
| Falkland Investments Ltd applied to enter an appearance as defendants | |
| Falkland Investments Ltd obtained an order to enter an appearance | |
| Falkland Investments Ltd entered an appearance as owners | |
| Falkland Investments Ltd filed a Notice of Motion for payment | |
| VBTRF filed Notice of Motion | |
| Notice of Motion heard | |
| Notice of Motion heard | |
| Decision Date |
7. Legal Issues
- Admiralty Jurisdiction
- Outcome: The court asserted its admiralty jurisdiction over the vessel and its sale proceeds.
- Category: Jurisdictional
- Stay of Proceedings
- Outcome: The court denied the motion to stay proceedings and remit the case to a foreign court.
- Category: Procedural
- Determination of Ownership
- Outcome: The court addressed the issue of ownership of the vessel in the context of competing claims.
- Category: Substantive
8. Remedies Sought
- Recovery of unpaid wages
- Payment for ship repairs, goods supplied and services rendered
- Determination of ownership of vessel
- Payment out of the proceeds of sale of the vessel
9. Cause of Actions
- Claim for unpaid wages
- Claim for ship repairs, goods supplied and services rendered
10. Practice Areas
- Admiralty
- Shipping
11. Industries
- 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 |
|---|---|
| High Court (Admiralty Jurisdiction) Act (Cap 123) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Admiralty in Rem
- Interveners
- Default Judgment
- Stop Order
- Proceeds of Sale
- Admiralty Jurisdiction
- Isochronous actions
15.2 Keywords
- Admiralty
- Shipping
- Crew Wages
- Ship Repair
- Jurisdiction
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Admiralty and Maritime Law | 90 |
| Shipping Law | 85 |
| Admiralty Jurisdiction | 75 |
| Arrest of Vessel | 70 |
| Sale of Ship | 65 |
| Jurisdiction | 60 |
| Ownership of Vessel | 55 |
| Judgments and Orders | 40 |
| Asset Recovery | 30 |
16. Subjects
- Admiralty
- Shipping
- Civil Procedure