Asta Rickmers v Hub Marine: Pre-Action Discovery for Arbitral Award Enforcement
Asta Rickmers Schiffahrtsgesellschaft mbH & Cie KG applied to the High Court of Singapore on 28 September 2005 for pre-action discovery against Hub Marine Pte Ltd to determine if an arbitral award against Hub Lines Pte Ltd, which was being wound up, could be enforced against Hub Marine. Tay Yong Kwang J dismissed Hub Marine's appeal against the Deputy Registrar's order for discovery, finding that the discovery was necessary to determine the relationship between Hub Marine and Hub Lines and whether Hub Marine was the real charterer of the vessel.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Asta Rickmers sought pre-action discovery from Hub Marine to enforce an arbitral award against a related company. The court allowed the discovery, finding it necessary.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Asta Rickmers Schiffahrtsgesellschaft mbH & Cie KG | Plaintiff | Corporation | Discovery Granted | Won | Thomas Tan |
| Hub Marine Pte Ltd | Defendant | Corporation | Appeal Dismissed | Lost | Cheah Kok Lim, Keh Kee Guan |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Thomas Tan | Haridass Ho and Partners |
| Cheah Kok Lim | Ang and Partners |
| Keh Kee Guan | Ang and Partners |
4. Facts
- Plaintiff chartered the vessel Hub Racer to Hub Lines Pte Ltd.
- Hub Lines purported to terminate the charter early.
- The matter proceeded to arbitration, and an award was made in the plaintiff's favor.
- Hub Lines was ordered to be wound up.
- Plaintiff sought to enforce the arbitral award against Hub Marine Pte Ltd.
- Plaintiff suspected Hub Marine was related to Hub Lines and the real charterer.
- Au Ah Yian was a director of both Hub Lines and Hub Marine at the material time.
5. Formal Citations
- Asta Rickmers Schiffahrtsgesellschaft mbH & Cie KG v Hub Marine Pte Ltd, OS 734/2005, [2005] SGHC 184
6. Timeline
| Date | Event |
|---|---|
| Charterparty signed | |
| Vessel delivered to Hub Lines Pte Ltd | |
| Survey report for on-hire of vessel | |
| Hub Lines purported to terminate the charter | |
| Plaintiff informed Hub Lines of repudiatory breach | |
| Thai company commenced winding-up proceedings against Hub Lines | |
| Hub Lines ordered to be wound up | |
| Arbitral award published in plaintiff's favour | |
| Deputy Registrar granted plaintiff discovery | |
| Appeal dismissed | |
| Decision Date |
7. Legal Issues
- Pre-Action Discovery
- Outcome: The court held that pre-action discovery was appropriate in this case.
- Category: Procedural
- Sub-Issues:
- Necessity of discovery
- Relevance of documents
- Piercing the Corporate Veil
- Outcome: The court considered the principle of piercing the corporate veil in the context of determining whether the defendant was the real charterer.
- Category: Substantive
- Sub-Issues:
- Company as a sham
- Avoiding legal obligations
8. Remedies Sought
- Discovery of Documents
- Enforcement of Arbitral Award
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
- Shipping Litigation
- Arbitration
11. Industries
- Shipping
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Kuah Kok Kim v Ernst & Young | Court of Appeal | Yes | [1997] 1 SLR 169 | Singapore | Cited for the principle that pre-action discovery should not be used for fishing expeditions but to determine if documents would ground a cause of action. |
| Bayerische Hypo- und Vereinsbank AG v Asia Pacific Breweries (Singapore) Pte Ltd | High Court | Yes | [2004] 4 SLR 39 | Singapore | Cited for the principle that discovery must be necessary for disposing fairly of the proceedings or for saving costs. |
| Gerhard Hendrik Gispen v Ling Lee Soon | High Court | Yes | [2001] SGHC 350 | Singapore | Cited for the principle that the court will lift the corporate veil where a company is a cloak or sham to avoid legal obligations. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Order 24 r 6 Rules of Court | Singapore |
| Order 24 r 7 Rules of Court | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Pre-action discovery
- Arbitral award
- Charterparty
- Winding-up
- Corporate veil
- Shipping agent
- Hub Lines
- Hub Marine
- Hub Shipping
- EOX Group Berhad
15.2 Keywords
- Discovery
- Arbitration
- Shipping
- Charterparty
- Corporate Veil
16. Subjects
- Civil Procedure
- Shipping
- Arbitration
17. Areas of Law
- Civil Procedure
- Discovery of Documents
- Arbitration Law
- Shipping Law
- Corporate Law