THE "EAGLE PRESTIGE"

[2010] SGHC 93, High Court, Singapore, Belinda Ang Saw Ean J, 23 March 2010

Admiralty - Arrest - Full and frank disclosure - Degree of disclosure required on an application for a warrant of arrest - Good arguable case - Duty to disclose "plausible defences" - High Court (Admiralty Jurisdiction) Act (Cap 123, 2001 rev ed)

This was the appeal against the decision to set aside the arrest of Eagle Prestige. The defendant owner of Eagle Prestige, EPC (now in provisional liquidation), was also the subcharterer of the vessel TS Bangkok at the time it grounded, resulting in hull and propeller damage. The plaintiff was the disponent owner of TS Bangkok. Its case under the charterparty was that the subcharterer (EPC) had ordered TS Bangkok to an unsafe port/berth in breach of the charterparty. In the proceedings there was also an intervener, CG, who was the new owner of Eagle Prestige, that vessel having been sold after the writ was issued. The Assistant Registrar had ordered the setting aside of the arrest.