Chemical Industries v Global Shipping: Admiralty Jurisdiction, In Rem vs In Personam Action
In Chemical Industries (Far East) Ltd v Global Shipping Co Ltd, the Singapore High Court addressed the defendant's application to withdraw their appearance in an admiralty case. The plaintiffs, Chemical Industries (Far East) Ltd, claimed damages against the defendants, Global Shipping Co Ltd, for cargo contamination. The court dismissed the defendant's application and granted the plaintiff leave to amend their writ from an in rem form to an in personam form, holding that although the action commenced as an in rem action, the in rem jurisdiction was never invoked, and the action proceeded in personam.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Defendants' application to withdraw appearance dismissed; Plaintiffs granted leave to amend writ to in personam form.
1.3 Case Type
Admiralty
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court addresses whether an in rem writ was properly invoked in an admiralty case involving cargo damage, focusing on in personam jurisdiction.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chemical Industries (Far East) Ltd | Plaintiff | Corporation | Leave to amend writ granted | Partial | Gan Seng Chee of Benjamin Seow |
| Global Shipping Co Ltd | Defendant | Corporation | Application dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Yeong Zee Kin | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Gan Seng Chee | Benjamin Seow |
| Yap Yin Soon | Perry Lim |
| Vivian Ang | Perry Lim |
4. Facts
- Chemical Industries (Far East) Ltd shipped liquid caustic soda on Global 1.
- Global Shipping Co Ltd owned Global 1 when the cause of action arose.
- The cause of action arose in November or December 2002.
- Global 1's ownership changed on 9 October 2003 to Shinhan Capital Co Ltd, and the vessel was renamed Ace 1.
- The writ was issued on 18 November 2003.
- Defendants' solicitors accepted service and entered appearance.
- The writ was not served on the ship.
5. Formal Citations
- The Global 1, Adm in Rem 290/2003, SIC 5647/2005, [2006] SGHC 30
6. Timeline
| Date | Event |
|---|---|
| Cause of action arose sometime in November or December 2002. | |
| Change of ownership of the vessel; new owners are Shinhan Capital Co Ltd and the vessel was renamed Ace 1. | |
| Writ issued. | |
| Defendants were served the writ. | |
| Defendants entered appearance. | |
| Statement of Claim was filed. | |
| Parties realised that there was a change of ownership of the vessel. | |
| Defendants’ solicitors wrote to the Plaintiffs’ solicitors suggesting suspending the proceedings temporarily. | |
| Judgment reserved. |
7. Legal Issues
- Admiralty Jurisdiction
- Outcome: The court held that in personam admiralty jurisdiction was properly invoked, and in rem jurisdiction was not.
- Category: Jurisdictional
- Sub-Issues:
- Invocation of in rem jurisdiction
- Invocation of in personam jurisdiction
8. Remedies Sought
- Monetary damages
9. Cause of Actions
- Damage to goods carried in a ship
10. Practice Areas
- Admiralty
- Shipping Law
- Commercial Litigation
11. Industries
- Shipping
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| The Bolbina | High Court | Yes | [1994] 1 SLR 554 | Singapore | Cited for the principle of statutory right of action in rem or statutory lien under s 4(4) of the High Court (Admiralty Jurisdiction) Act. |
| The Fierbinti | Court of Appeal | Yes | [1994] 3 SLR 864 | Singapore | Cited to explain the distinction between service of the writ on the res and deemed service of the writ on the defendant in an admiralty action in rem. |
| The Ohm Mariana | Court of Appeal | Yes | [1993] 2 SLR 698 | Singapore | Cited for the legal position where in rem action was instituted in error. |
| The Bradmayne | Court of Appeal | Yes | [1916] P 64 (CA) | England and Wales | Cited to explain that an action commenced as an action in rem continues until its termination as an action in rem unless it undergoes some alteration in its character by amendment, by order of the Court, or under the rules of Court. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| High Court (Admiralty Jurisdiction) Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Admiralty jurisdiction
- In rem
- In personam
- Writ
- Service of writ
- Statutory lien
- Cargo contamination
15.2 Keywords
- Admiralty
- In rem
- In personam
- Shipping
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Admiralty and Maritime Law | 90 |
| Shipping | 80 |
| Breach of Contract | 60 |
| Contract Law | 50 |
| Civil Procedure | 40 |
16. Subjects
- Admiralty
- Shipping
- Civil Procedure