PT Sariwiguna Binasentosa v Sindo Damai Shipping: Mareva Injunction & Cargo Mis-delivery Dispute
In PT Sariwiguna Binasentosa v Sindo Damai Shipping Ltd and others, the Singapore High Court addressed the plaintiff's application for a Mareva injunction against the defendants, concerning the mis-delivery of tin ingots. The plaintiff, PT Sariwiguna Binasentosa, an Indonesian tin mining company, sued Sindo Damai Shipping Ltd and its directors for conversion and wrongful interference with cargo. The court, presided over by Justice Choo Han Teck, dismissed the application, finding insufficient evidence to demonstrate a real risk of asset dissipation by the defendants. The court had previously ordered the first defendant to deliver the remaining cargoes upon payment of freight charges.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Plaintiff's application for Mareva relief against all defendants is dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The High Court considered a Mareva injunction application in a cargo mis-delivery dispute. The court dismissed the application, finding insufficient evidence of asset dissipation.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| PT Sariwiguna Binasentosa | Plaintiff | Corporation | Application for Mareva relief dismissed | Lost | |
| Sindo Damai Shipping Ltd | Defendant | Corporation | Mareva relief not granted | Won | |
| Second defendant | Defendant | Individual | Mareva relief not granted | Won | |
| Third defendant | Defendant | Individual | Mareva relief not granted | Won | |
| Fourth defendant | Defendant | Individual | Mareva relief not granted | Won | |
| Fifth defendant | Defendant | Individual | Mareva relief not granted | Won | |
| Sixth defendant | Defendant | Individual | Mareva relief not granted | Won | |
| Seventh defendant | Defendant | Individual | Mareva relief not granted | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
4. Facts
- Plaintiff contracted to sell tin ingots to Uni Bros Metal Pte Ltd.
- First defendant was engaged to ship the tin ingots from Indonesia to Singapore.
- First defendant shipped the first parcel to Thailand without the plaintiff's knowledge.
- The plaintiff discovered the mis-delivery on 2 March 2015.
- Plaintiff sought a Mareva injunction against the defendants.
- The cargoes were only delivered to the plaintiff after a court order.
5. Formal Citations
- PT Sariwiguna Binasentosa v Sindo Damai Shipping Ltd and others, Suit No 345 of 2015 (Summons No 1659 of 2015), [2015] SGHC 195
6. Timeline
| Date | Event |
|---|---|
| Plaintiff contracted to sell tin ingots to Uni Bros Metal Pte Ltd. | |
| First defendant shipped cargoes of tin ingots for the plaintiff from November 2014 to February 2015. | |
| First defendant shipped the first parcel of ingot to Songkhla, Thailand. | |
| N&N Forwarding Services Co Ltd released the first parcel to Thai Smelting and Refining Co Ltd. | |
| Fifth defendant resigned from the board. | |
| Plaintiff discovered the first parcel was shipped to Thailand. | |
| Plaintiff commenced Suit 345 of 2015. | |
| Court ordered the first defendant to deliver up the cargoes upon payment by the plaintiff of freight charges into court. | |
| Seventh defendant added to the main action. | |
| Judgment reserved. |
7. Legal Issues
- Mareva Injunction
- Outcome: The court declined to grant the Mareva injunction, finding insufficient evidence of a real risk of asset dissipation.
- Category: Procedural
- Sub-Issues:
- Risk of dissipation of assets
- Dishonesty of defendant
- Conversion
- Outcome: The court did not make a determination on the merits of the conversion claim.
- Category: Substantive
- Mis-delivery of Goods
- Outcome: The court found that the first defendant might not be honest in sending the first parcel to Thailand and not informing the plaintiff thereafter.
- Category: Substantive
8. Remedies Sought
- Injunction
- Mareva Injunction
- Delivery of Cargoes
9. Cause of Actions
- Conversion
- Detinue
- Wrongful Interference
10. Practice Areas
- Commercial Litigation
11. Industries
- Shipping
- Mining
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Spectramed Pte Ltd v Lek Puay Puay & Ors | High Court | Yes | [2010] SGHC 112 | Singapore | Cited regarding the relevance of allegations of dishonesty to the issue of risk of dissipation of assets in Mareva injunction applications. |
| Ninemia Maritime Corporation v Trave Schiffahrtsgesellschaft mbH (The Niedersachsen) | N/A | Yes | [1984] 1 All ER 398 | England | Cited in Spectramed regarding the relevance of allegations of dishonesty to the issue of risk of dissipation of assets. |
| Multi-Code Electronics Industries (M) Bhd and another v Toh Chun Toh Gordon and others | N/A | Yes | [2009] 1 SLR(R) 1000 | Singapore | Cited in Spectramed regarding the relevance of allegations of dishonesty to the issue of risk of dissipation of assets. |
| VTB Capital Plc v Nutritek International Corp and others | English Court of Appeal | Yes | [2012] 2 CLC 431 | England | Cited regarding the assessment of dishonesty in Mareva injunction applications. |
| European Grain & Shipping Ltd v Compania Naviera Euro-Asia SA and others (CN Jaya SA, intervener) | N/A | Yes | [1989] 2 SLR(R) 445 | Singapore | Cited regarding the inappropriateness of making conclusive findings on allegations of dishonesty before trial. |
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
- Mareva Injunction
- Conversion
- Mis-delivery
- Dissipation of Assets
- Bills of Lading
- Tin Ingots
15.2 Keywords
- Mareva Injunction
- Shipping
- Conversion
- Mis-delivery
- Tin Ingots
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Mareva Injunctions | 90 |
| Shipping Law | 70 |
| Civil Litigation | 60 |
| Injunctions | 60 |
| Conversion | 50 |
| Contract Law | 50 |
| Bailment | 40 |
| Commercial Disputes | 40 |
| Fraud and Deceit | 40 |
| Misrepresentation | 30 |
16. Subjects
- Shipping Dispute
- Injunctions
- Civil Procedure