The "Orinoco Star"

The "Orinoco Star"

The court held that plaintiffs were entitled to rely on s8(3)(b) because there was no opportunity during the two‑year limitation period to arrest the vessel in Singapore, the Marshall Islands or Greece; the parties had agreed a mutual extension to 20 December 2013 which justified not arresting the vessel on earlier Singapore calls in October and November 2013; assessing port calls and conduct objectively the court concluded a reasonable opportunity was provided only by early December and therefore extended the limitation period to 7 December 2013 to give plaintiffs a reasonable opportunity to arrest.

Citation
[2014] SGHCR 19
Parties
Plaintiff (owners of the Melody): Gentian Shipping Inc; Defendant (owners of the ORINOCO Star): Rigel Schiffahrts GmbH & Co KH
Court
High Court Registrar
Jurisdiction
Singapore
Judgment Date
6 August 2014
Case Number
Admiralty in Rem No 383 of 2013 (Summons No 922 of 2014)
Procedural Posture
Admiralty in Rem / Summons for Extension of Limitation Period Under S8(3)(b) MCA
Outcome
Application granted; extension of limitation period granted to 7 December 2013
Legal Topics
Limitation of Actions, Extension of Limitation Period, Arrest of Ship, Jurisdiction, Contractual Agreement to Extend Limitation
Source Language
English
Maritime Law Admiralty Civil Procedure Statutory Interpretation Limitation of Actions Extension of Limitation Period Arrest of Ship Jurisdiction +1 more

Case Brief

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Parties

Gentian Shipping Inc

Plaintiff (owners of the Melody)

Rigel Schiffahrts GmbH & Co KH

Defendant (owners of the ORINOCO Star)

Procedural Posture

Admiralty in Rem / Summons for Extension of Limitation Period Under S8(3)(b) MCA

Legal Issues

  1. 1 Whether plaintiffs can rely on s8(3)(b) of the Maritime Conventions Act 1911 after the two‑year limitation expired
  2. 2 Whether there was 'no reasonable opportunity' to arrest the defendant vessel within the jurisdictions listed in s8(3)(b)
  3. 3 What constitutes a 'reasonable opportunity' and the appropriate length of extension

Ratio Decidendi

The court held that plaintiffs were entitled to rely on s8(3)(b) because there was no opportunity during the two‑year limitation period to arrest the vessel in Singapore, the Marshall Islands or Greece; the parties had agreed a mutual extension to 20 December 2013 which justified not arresting the vessel on earlier Singapore calls in October and November 2013; assessing port calls and conduct objectively the court concluded a reasonable opportunity was provided only by early December and therefore extended the limitation period to 7 December 2013 to give plaintiffs a reasonable opportunity to arrest.

Court Disposition

Application granted; extension of limitation period granted to 7 December 2013

Orders

  • Extension of limitation period under s8(3)(b) Maritime Conventions Act 1911 to 7 December 2013
  • Leave granted to maintain action notwithstanding expiry of two‑year limitation period