14 Dec 2023
SOCIETE GENERALE, SINGAPORE BRANCH PEMILIK-PEMILIK DAN/ATAU PENCARTER DEMIS KAPAL ATAU VESEL SEA CORAL DARI PELABUHAN COOK ISLANDS
- Citation
- WA-27NCC-114-11/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-27NCC-114-11/2020 (Mahkamah Tinggi)
Leave to intervene under O.70 r.16(1) was granted because AZS, as registered owner, has a direct interest in the vessel/proceeds and may defend the in rem claim; however AZS’s application to set aside the default judgment was dismissed because AZS failed to demonstrate a prima facie meritorious defence—HLT/AZS were estopped from alleging the bill of lading was unauthorised or fabricated given admissions and conduct, Turquand’s rule allowed SG to rely on the B/L, and the interim reports were preliminary and insufficient to rebut SG’s case.