Jesse Remalmog v Sevilla Knutsen: Assessment of Damages for Coral Reef Damage
In Jesse Remalmog, John Haglelgam, and Santus Sarongelfeg v Owner and/or Demise Charterer of the vessel “Sevilla Knutsen”, the General Division of the High Court of Singapore addressed an admiralty claim for damages to a coral reef in Eauripik caused by the vessel Sevilla Knutsen. The plaintiffs, representing the people of Eauripik, sought compensation for the damage. The defendant admitted liability, and the court, presided over by S Mohan J, assessed the damages. The court awarded US$829,650.80 to the plaintiffs, calculated based on a damage area of 1,056.88m² valued at US$785 per square meter, plus pre-judgment interest.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Judgment for the Plaintiffs.
1.3 Case Type
Admiralty
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Admiralty claim for damages to a coral reef in Eauripik caused by the vessel Sevilla Knutsen. The court assessed the damages.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Jesse Remalmog | Plaintiff | Individual | Judgment for Plaintiff | Won | Leong Kah Wah, Aleksandar Anatoliev Georgiev, Chan Qin Pei |
| John Haglelgam | Plaintiff | Individual | Judgment for Plaintiff | Won | Leong Kah Wah, Aleksandar Anatoliev Georgiev, Chan Qin Pei |
| Santus Sarongelfeg | Plaintiff | Individual | Judgment for Plaintiff | Won | Leong Kah Wah, Aleksandar Anatoliev Georgiev, Chan Qin Pei |
| Owner and/or Demise Charterer of the vessel “Sevilla Knutsen” | Defendant | Other | Judgment against Defendant | Lost | Ramachandran Doraisamy Raghunath, Quek Wen Jiang Gerard, Nicole Kwan Tung Yan, Josiah Fong Ren Jing |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| S Mohan | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Leong Kah Wah | Rajah & Tann Singapore LLP |
| Aleksandar Anatoliev Georgiev | Rajah & Tann Singapore LLP |
| Chan Qin Pei | Rajah & Tann Singapore LLP |
| Ramachandran Doraisamy Raghunath | PDLegal LLC |
| Quek Wen Jiang Gerard | PDLegal LLC |
| Nicole Kwan Tung Yan | PDLegal LLC |
| Josiah Fong Ren Jing | PDLegal LLC |
4. Facts
- The vessel Sevilla Knutsen struck a coral reef in Eauripik on April 17, 2017.
- The plaintiffs are the traditional leaders (Chiefs) of Eauripik, representing its people.
- The plaintiffs brought an admiralty action in rem against the vessel owner seeking compensation.
- The defendant admitted 100% liability for the incident.
- The plaintiffs claimed damages of approximately US$6.57 million.
- The defendant contended that damages should be no more than US$500,000.
- The court found the damaged area to be 1,056.88m².
5. Formal Citations
- The “Sevilla Knutsen”, Admiralty in Rem No 91 of 2017 (Assessment of Damages No 13 of 2020), [2022] SGHC 20
6. Timeline
| Date | Event |
|---|---|
| The vessel Sevilla Knutsen struck the reef. | |
| Plaintiffs commenced ADM 91 and arrested the Vessel in Singapore. | |
| The Vessel was released after the defendant provided security. | |
| Plaintiffs filed HC/SUM 3223/2017 seeking an order to stay their own action in ADM 91. | |
| Plaintiffs were granted leave to withdraw their stay application in SUM 3223. | |
| Defendant requested for the plaintiffs’ agreement to a moderation of the amount of security that had been furnished. | |
| Judgment be entered for the defendant against the plaintiffs on its counterclaim for the UK Costs Order. | |
| Defendant admitted liability. | |
| First tranche of hearing commenced. | |
| Second tranche of the hearing took place. | |
| Judgment reserved. |
7. Legal Issues
- Assessment of Damages for Reef Damage
- Outcome: The court determined the area of damage to be 1,056.88m² and valued it at US$785 per square meter.
- Category: Substantive
- Related Cases:
- People of Rull ex rel Ruepong v M/V Kyowa Violet 14 FSM Intrm 403 (Yap 2006)
- M/V Kyowa Violet v People of Rull ex rel, Mafel, 16 FSM Intrm 49 (App 2008)
- People of Eauripik ex rel Sarongelfeg v F/V Teraka No 168, 18 FSM Intrm 532 (Yap 2013)
- People of Sorol ex rel Marpa v M/Y Truk Master, 22 FSM R 14 (Yap 2018)
- People of Satawal ex rel Ramoloilug v Mina Maru No 3, 10 FSM Intrm 337 (Yap 2001)
- Pohnpei v The Ping Da 7, 20 FSM R 75 (Pon 215)
- Proof of Damage
- Outcome: The court found that the plaintiffs had proven the fact of damage but adjusted the claimed amount based on the evidence presented.
- Category: Procedural
- Related Cases:
- People of Rull ex rel Ruepong v M/V Kyowa Violet 14 FSM Intrm 403 (Yap 2006)
- Noor Azlin bte Abdul Rahman and another v Changi General Hospital Pte Ltd [2021] SGCA 111
- Robertson Quay Investment Pte Ltd v Steen Consultants Pte Ltd and another [2008] 2 SLR(R) 623
- Valuation of Coral Reef
- Outcome: The court determined a fair value of US$785 per square meter, considering factors such as the 'more reef and fewer people' principle and inflation.
- Category: Substantive
- Related Cases:
- People of Eauripik ex rel Sarongelfeg v F/V Teraka No 168, 18 FSM Intrm 532 (Yap 2013)
- People of Sorol ex rel Marpa v M/Y Truk Master, 22 FSM R 14 (Yap 2018)
- M/V Kyowa Violet v People of Rull ex rel, Mafel, 16 FSM Intrm 49 (App 2008)
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
- Tort
10. Practice Areas
- Admiralty
- Shipping
- Litigation
- Marine Resources Damage
11. Industries
- Shipping
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| People of Rull ex rel Ruepong v M/V Kyowa Violet | FSM Supreme Court | Yes | People of Rull ex rel Ruepong v M/V Kyowa Violet 14 FSM Intrm 403 (Yap 2006) | Federated States of Micronesia | Cited for principles on proof of damage under FSM tort law. |
| M/V Kyowa Violet v People of Rull ex rel, Mafel | FSM Supreme Court Appellate Division | Yes | M/V Kyowa Violet v People of Rull ex rel, Mafel, 16 FSM Intrm 49 (App 2008) | Federated States of Micronesia | Cited for the principle that the court is not bound to accept expert evidence and may exercise independent judgment. |
| Poh Soon Kiat v Desert Palace Inc (trading as Caesars Palace) | Singapore High Court | Yes | Poh Soon Kiat v Desert Palace Inc (trading as Caesars Palace) [2010] 1 SLR 1129 | Singapore | Cited for the principle that the court is not bound to accept expert evidence and may exercise independent judgment. |
| Sakthivel Punithavathi v PP | Singapore High Court | Yes | Sakthivel Punithavathi v PP [2007] 2 SLR(R) 983 | Singapore | Cited for the principle that the court is not bound to accept expert evidence and may exercise independent judgment. |
| People of Eauripik ex rel Sarongelfeg v F/V Teraka No 168 | FSM Supreme Court | Yes | People of Eauripik ex rel Sarongelfeg v F/V Teraka No 168, 18 FSM Intrm 532 (Yap 2013) | Federated States of Micronesia | Cited for the 'more reef and fewer people' principle in valuing reef damage. |
| People of Sorol ex rel Marpa v M/Y Truk Master | FSM Supreme Court | Yes | People of Sorol ex rel Marpa v M/Y Truk Master, 22 FSM R 14 (Yap 2018) | Federated States of Micronesia | Cited for the 'more reef and fewer people' principle in valuing reef damage. |
| People of Satawal ex rel Ramoloilug v Mina Maru No 3 | FSM Supreme Court | Yes | People of Satawal ex rel Ramoloilug v Mina Maru No 3, 10 FSM Intrm 337 (Yap 2001) | Federated States of Micronesia | Cited to compare reef valuation in uninhabited areas. |
| Pohnpei v The Ping Da 7 | FSM Supreme Court | Yes | Pohnpei v The Ping Da 7, 20 FSM R 75 (Pon 215) | Federated States of Micronesia | Cited for the principle that the remedy for trespass to land is either diminution in value or cost of restoration, whichever is less. |
| Noor Azlin bte Abdul Rahman and another v Changi General Hospital Pte Ltd | Singapore Court of Appeal | Yes | Noor Azlin bte Abdul Rahman and another v Changi General Hospital Pte Ltd [2021] SGCA 111 | Singapore | Cited for principles on proof of damage. |
| Robertson Quay Investment Pte Ltd v Steen Consultants Pte Ltd and another | Singapore Court of Appeal | Yes | Robertson Quay Investment Pte Ltd v Steen Consultants Pte Ltd and another [2008] 2 SLR(R) 623 | Singapore | Cited for principles on proof of damage. |
| The “Dream Star” | Singapore High Court | Yes | The “Dream Star” [2018] 4 SLR 473 | Singapore | Cited regarding the scope of expert evidence. |
| Jet Holding Ltd and others v Cooper Cameron (Singapore) Pte Ltd and another | Singapore High Court | Yes | Jet Holding Ltd and others v Cooper Cameron (Singapore) Pte Ltd and another [2005] 4 SLR(R) 417 | Singapore | Cited regarding the use of available evidence to determine damages. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (2014 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Civil Law Act 1909 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Coral Reef
- Eauripik
- Sevilla Knutsen
- Admiralty
- Damages Assessment
- Claim on Reference
- FSM Law
- Tabinaw
- More Reef and Fewer People
- Restoration Cost
15.2 Keywords
- coral reef damage
- admiralty claim
- damages assessment
- Eauripik
- Sevilla Knutsen
- FSM law
16. Subjects
- Admiralty
- Shipping
- Environmental Damage
- Marine Resources
- Damages
17. Areas of Law
- Admiralty Law
- Tort Law
- Environmental Law
- Damages Assessment