COSCO Shipping v PT OKI Pulp: Jurisdiction to Stay Execution of Court of Appeal Order
In COSCO Shipping Specialized Carriers Co, Ltd v PT OKI Pulp & Paper Mills and others, the High Court of Singapore addressed the issue of whether the General Division of the High Court has jurisdiction to grant an interim stay of execution of an anti-suit injunction granted by the Court of Appeal. The application was made by PT OKI Pulp & Paper Mills. The High Court held that it did have jurisdiction and granted the interim stay subject to conditions.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Interim stay of execution granted to the applicant, PT OKI Pulp & Paper Mills, subject to conditions.
1.3 Case Type
Admiralty
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court addresses whether it has jurisdiction to stay execution of a Court of Appeal's anti-suit injunction, ruling it does.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| COSCO Shipping Specialized Carriers Co, Ltd | Claimant, Respondent | Corporation | Application for interim stay granted | Lost | Toh Kian Sing SC, Dedi Affandi bin Ahmad, Hazel Cheah Kam Ying, Wu Muyu |
| PT OKI Pulp & Paper Mills | Defendant, Applicant | Corporation | Interim stay of execution granted | Won | Abraham S Vergis SC, Ngo Wei Shing, Axl Rizqy, Leong Lu Yuan, Chan Wai Yi Kevin, Dawn Tan Si Jie, Teo Wei Lin Elizabeth |
| COSCO Shipping Specialized Carriers (Europe) BV | Defendant | Corporation | Neutral | Neutral | |
| All other persons claiming or being entitled to claim damage, loss, expense, indemnity arising out of contact between “LE LI” (IMO No 9192674) and jetty/structure at Tanjung Tapa Pier on or about 31.05.2022 | Defendant | Other | Neutral | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| S Mohan | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Toh Kian Sing SC | Rajah & Tann Singapore LLP |
| Dedi Affandi bin Ahmad | Rajah & Tann Singapore LLP |
| Hazel Cheah Kam Ying | Rajah & Tann Singapore LLP |
| Wu Muyu | Rajah & Tann Singapore LLP |
| Abraham S Vergis SC | Providence Law Asia LLC |
| Ngo Wei Shing | Providence Law Asia LLC |
| Axl Rizqy | Providence Law Asia LLC |
| Leong Lu Yuan | Clasis LLC |
| Chan Wai Yi Kevin | Clasis LLC |
| Dawn Tan Si Jie | Clasis LLC |
| Teo Wei Lin Elizabeth | Clasis LLC |
4. Facts
- COSCO Shipping owned the vessel “LE LI”.
- The vessel made contact with a trestle bridge connecting a jetty in Indonesia.
- OKI claims to be the owner and operator of the jetty.
- The incident occurred on 31 May 2022.
- OKI commenced proceedings in Indonesia seeking losses from the incident.
- COSCO Shipping commenced an action in Singapore to limit its liability.
- COSCO Shipping applied for an anti-suit injunction to restrain OKI from pursuing the Indonesian Proceedings.
5. Formal Citations
- COSCO Shipping Specialized Carriers Co, LtdvPT OKI Pulp & Paper Mills and others, Admiralty in Personam No 50 of 2022 (Summons No 2712 of 2024), [2024] SGHC 273
6. Timeline
| Date | Event |
|---|---|
| Incident occurred between vessel “LE LI” and jetty/structure at Tanjung Tapa Pier. | |
| COSCO Shipping commenced action HC/ADM 50/2022 to limit its liability. | |
| PT OKI Pulp & Paper Mills commenced proceedings in Indonesia. | |
| COSCO Shipping applied for an anti-suit injunction via HC/SUM 2676/2023. | |
| COSCO Shipping was granted permission to appeal by the Court of Appeal in CA/OA 7/2024. | |
| Court of Appeal allowed the appeal in CA/CA 29/2024 and granted an anti-suit injunction against OKI by CA/ORC 34/2024. | |
| OKI seeks to stay the execution of ORC 34 in HC/SUM 2712/2024. | |
| High Court heard arguments regarding the interim stay application. | |
| High Court issued grounds of decision granting the interim stay. |
7. Legal Issues
- Jurisdiction to Stay Execution
- Outcome: The General Division of the High Court has jurisdiction to grant an interim stay of execution of an order made by the Court of Appeal.
- Category: Jurisdictional
- Sub-Issues:
- Original civil jurisdiction
- Appellate jurisdiction
- Incidental appellate jurisdiction
- Related Cases:
- [2024] SGHC 92
- [2021] 1 SLR 809
- [2022] 2 SLR 340
- [2014] 3 SLR 357
8. Remedies Sought
- Stay of execution of anti-suit injunction
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Admiralty Litigation
- Civil Litigation
11. Industries
- Shipping
- Pulp and Paper
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| COSCO Shipping Specialized Carriers Co, Ltd v PT OKI Pulp & Paper Mills and others | General Division of the High Court | Yes | [2024] SGHC 92 | Singapore | Cited for background facts and the earlier decision declining COSCO Shipping's application for an anti-suit injunction against OKI. |
| Syed Suhail bin Syed Zin v Attorney-General | Court of Appeal | Yes | [2021] 1 SLR 809 | Singapore | Cited regarding the doctrine of stare decisis and the power of the High Court to stay the execution of a death sentence affirmed by the Court of Appeal. |
| Pradeepto Kumar Biswas v Sabyasachi Mukherjee and another and another matter | Court of Appeal | Yes | [2022] 2 SLR 340 | Singapore | Cited for the principle that the Court of Appeal has no original civil jurisdiction and only exercises appellate or incidental appellate jurisdiction. |
| Re Nalpon Zero Geraldo Mario | Court of Appeal | Yes | [2013] 3 SLR 258 | Singapore | Cited for the principle that Singapore courts are creatures of statute and their jurisdiction must be statutorily conferred. |
| Lee Wee Ching v Wang Piao | Court of Appeal | Yes | [2024] 1 SLR 350 | Singapore | Cited for the principle that the jurisdiction of a court must be statutorily conferred upon that court by the statute constituting it. |
| Au Wai Pang v Attorney-General and another matter | Court of Appeal | Yes | [2014] 3 SLR 357 | Singapore | Cited for the principle that the Court of Appeal only exercises appellate civil jurisdiction and for the concept of incidental appellate jurisdiction. |
| Naseer Ahmad Akhtar v Suresh Agarwal and another | High Court | Yes | [2015] 5 SLR 1032 | Singapore | Cited for the Court of Appeal possessing all the jurisdiction and powers of the puisne court to determine matters which are incidental to the hearing and determination of an appeal. |
| Denko-HLB Sdn Bhd v Fagerdala Singapore Pte Ltd | Court of Appeal | Yes | [2002] 2 SLR(R) 336 | Singapore | Cited for the principle that the Court of Appeal only has the powers of the High Court where there is an appeal in existence. |
| Ocean Software Ltd v Kay and others | Queen's Bench | Yes | [1992] 1 QB 583 | England and Wales | Cited for the principle that a subsequent inter partes application for an injunction to be discharged does not have to be heard at the first and last instance by the Court of Appeal. |
| Mah Kah Yew v Public Prosecutor | Court of Criminal Appeal | Yes | Mah Kah Yew v Public Prosecutor [1968–1970] SLR(R) 851 | Singapore | Cited for the definition of stare decisis. |
| Goh Nellie v Goh Lian Teck and others | Court of Appeal | Yes | Goh Nellie v Goh Lian Teck and others [2007] 1 SLR(R) 453 | Singapore | Cited for the doctrine of res judicata. |
| Kho Jabing v Attorney-General | Court of Appeal | Yes | Kho Jabing v Attorney-General [2016] 3 SLR 1273 | Singapore | Cited for the principle that the High Court has jurisdiction to entertain a civil application even if it is inferior in the judicial hierarchy to the Court of Appeal. |
| Cropper v Smith | English Court of Appeal | Yes | (1883) 24 Ch D 305 | England and Wales | Cited for the principle that where an application may be made either to the Court of Appeal or to another court, it must first be made to the other court. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court 2021 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Merchant Shipping Act 1995 | N/A |
| Supreme Court of Judicature Act 1969 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Jurisdiction
- Stay of execution
- Anti-suit injunction
- Original civil jurisdiction
- Appellate jurisdiction
- Incidental appellate jurisdiction
- Stare decisis
- Res judicata
15.2 Keywords
- Jurisdiction
- Stay of execution
- Anti-suit injunction
- Court of Appeal
- High Court
- Singapore
16. Subjects
- Civil Procedure
- Jurisdiction
- Admiralty
17. Areas of Law
- Civil Procedure
- Jurisdiction
- Admiralty Law
- Injunctions