THORESEN SHIPPING SINGAPORE PTE LTD AND OTHERS V GLOBAL SYMPHONY SA AND OTHERS

[2020] SGHC 153, Singapore High Court, Pang Khang Chau J, 22 July 2020

Admiralty and Shipping – Limitation of liability – Tonnage limitation – Letter of undertaking – Procedure with LOU upon completion of proceedings

The plaintiff applied for the return and cancellation of the P&I Club letter of undertaking deposited in court to constitute a limitation fund in respect of the collision between the plaintiff’s vessel Thor Achiever and the vessel Global Vanguard. The parties had reached a settlement and the defendants had received payment pursuant to the LOU. Before the court, questions of evidence and technical questions as to how to proceed with the LOU arose. First, the plaintiff had requested a finding that the LOU should be deemed exhausted, but some interest accrued after the payment date meant that in reality, it was not.