The Nasco Gem: Application for Extension of Time to Appeal Arrest Warrant
The Court of Appeal heard an application by the owner of the ship 'Nasco Gem' ('the Applicant') for an extension of time to file a notice of appeal against the High Court's decision dismissing the Applicant's application to set aside the warrant of arrest and service of the admiralty writ. The Court of Appeal dismissed the application, holding that the order made by the Judge dismissing the Setting Aside Application is an interlocutory order requiring leave to appeal to the Court of Appeal.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Application dismissed with costs.
1.3 Case Type
Admiralty
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Application for extension of time to appeal the High Court's decision on arrest warrant. The Court of Appeal dismissed the application.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| The "Nasco Gem" | Applicant, Defendant | Corporation | Application dismissed | Lost | Toh Kian Sing, Nathanael Lin, Justin Gan |
| Respondent | Respondent, Plaintiff | Corporation | Application allowed | Won | Prem Gurbani, Tan Hui Tsing |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of the Court of Appeal | Yes |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Toh Kian Sing | Rajah & Tann LLP |
| Nathanael Lin | Rajah & Tann LLP |
| Justin Gan | Rajah & Tann LLP |
| Prem Gurbani | Gurbani & Co |
| Tan Hui Tsing | Gurbani & Co |
4. Facts
- The Applicant is the owner of the ship the “Nasco Gem”.
- The Respondent is the plaintiff in ADM 249/2012.
- On 10 July 2012, the Respondent arrested the Vessel pursuant to an order obtained in ADM 249/2012.
- The Respondent's substantive claim was as the holder of bills of lading dated 26 May 2012 and for the alleged misdelivery of the goods.
- The Applicant applied to set aside the warrant of arrest and service of the admiralty writ.
- The Judge dismissed the Setting Aside Application on 17 August 2012.
- The Applicant applied for leave to appeal, then withdrew the application after considering OpenNet and Dorsey.
5. Formal Citations
- The “Nasco Gem”, Originating Summons No 617 of 2013, [2014] SGCA 1
6. Timeline
| Date | Event |
|---|---|
| Respondent arrested the Vessel pursuant to an order obtained in ADM 249/2012. | |
| Applicant applied vide SUM 3640/2012 to set aside the warrant of arrest and service of the admiralty writ. | |
| Judge dismissed the Setting Aside Application. | |
| Applicant applied in Summons No 4424 of 2012 for leave to appeal to the Court of Appeal against the decision of the Judge dismissing the Setting Aside Application. | |
| Applicant's solicitors started preparations for the hearing of the Leave Application. | |
| Applicant withdrew the Leave Application. | |
| Applicant filed the present application for an extension of time to file a notice of appeal. | |
| Judgment reserved. |
7. Legal Issues
- Interlocutory vs Final Order
- Outcome: The Court held that the order dismissing the Setting Aside Application was an interlocutory order requiring leave to appeal.
- Category: Procedural
- Sub-Issues:
- Appealability of order
- Leave to appeal
- Related Cases:
- [2013] 2 SLR 880
- [2013] 3 SLR 354
- Extension of Time to File Notice of Appeal
- Outcome: The court did not address this issue as it determined that leave to appeal was required.
- Category: Procedural
8. Remedies Sought
- Setting aside warrant of arrest
- Damages for wrongful arrest
- Extension of time to file notice of appeal
9. Cause of Actions
- Misdelivery of goods
- Wrongful arrest
10. Practice Areas
- Admiralty
- Appeals
- Civil Litigation
11. Industries
- Shipping
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| OpenNet Pte Ltd v Info-Communications Development Authority of Singapore | Court of Appeal | Yes | [2013] 2 SLR 880 | Singapore | Cited for the interpretation of s 34(2)(d) of the SCJA and para (e) of the Fifth Schedule to the SCJA regarding interlocutory applications. |
| Dorsey James Michael v World Sport Group Pte Ltd | Court of Appeal | Yes | [2013] 3 SLR 354 | Singapore | Cited for the interpretation of s 34(2)(d) of the SCJA and para (e) of the Fifth Schedule to the SCJA regarding interlocutory applications. |
| Maldives Airport Co Ltd and another v GMR Malé International Airport Pte Ltd | Court of Appeal | Yes | [2013] 2 SLR 449 | Singapore | Cited as being directly on point regarding whether the decision to grant an injunction was an order made at the hearing of an interlocutory application. |
| Wellmix Organics (International) Pte Ltd v Lau Yu Man | Court of Appeal | Yes | [2006] 2 SLR(R) 525 | Singapore | Cited as an authority of this court on the legislative scheme prior to the 2010 Amendments. |
| Bozson v Altrincham Urban District Council | N/A | Yes | [1903] 1 KB 547 | England and Wales | Cited for the test laid down by Lord Alverstone CJ in determining whether an order made was of an interlocutory or final nature. |
| The “Fierbinti” | N/A | Yes | [1994] 3 SLR(R) 574 | Singapore | Cited to support the fact that the arrest of a vessel or service of a writ on a vessel are alternative means of invoking the court’s admiralty jurisdiction against the vessel. |
| Gabriel Peter & Partners (suing as a firm) v Wee Chong Jin and others | N/A | Yes | [1998] 3 SLR(R) 649 | Singapore | Cited to support the fact that the court does not strike out an action except in clear and obvious cases. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) |
| O 70, r 4(1) of the Rules of Court (Cap 322, R 5, 2006 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
| s 34(2)(d) of the Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
| s 29A of the Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
| Supreme Court of Judicature (Amendment) Act 2010 (No 30 of 2010) | Singapore |
| Interpretation Act (Cap 1, 2002 Rev Ed) | Singapore |
| s 9A(1) of the Interpretation Act (Cap 1, 2002 Rev Ed) | Singapore |
| International Arbitration Act (Cap 143A, 2002 Rev Ed) | Singapore |
| s 12 of the International Arbitration Act (Cap 143A, 2002 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Admiralty writ
- Warrant of arrest
- Interlocutory application
- Extension of time
- Leave to appeal
- Pre-judgment security
- Setting Aside Application
15.2 Keywords
- Admiralty
- Appeal
- Interlocutory
- Arrest
- Vessel
- Shipping
- Singapore
16. Subjects
- Civil Procedure
- Admiralty Law
- Shipping Law
- Appeals
17. Areas of Law
- Admiralty Law
- Civil Procedure
- Shipping Law