Owner of the vessel(s) NAVIGATOR ARIES (IMO No. 9403762) v Owner of the vessel(s) LEO PERDANA (IMO No. 9363390)

[2023] SGCA 26 Court of Appeal 21 September 2023 CA/CA 45/2022 25 min read
7 cases cited

Key facts

Court Court of Appeal
Decided
Judges Belinda Ang Saw Ean, Judith Prakash, Steven Chong
Charges / claim Civil Procedure
Counsel Goush Marikan Law Practice, Marican & Associates, Resource Law LLC, Choi Yee Hang Ian, Jonathan Lim Shi Cao, Mohamed Goush s/o Marikan, Mohd Munir Marican, Seah Lee Guan Collin, Tessa Lim

Source: [2023] SGCA 26, Court of Appeal, decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (3)

Counsel (9)

Parties (2)

Case Significance

The "Navigator Aries" [2023] SGCA 26 is a reserved judgment of the Court of Appeal, delivered on 21 September 2023 in Civil Appeal No 45 of 2022, arising from Admiralty in Rem No 170 of 2016 and Admiralty in Rem No 204 of 2016 between the owners of the vessels "Navigator Aries" and "Leo Perdana". Judith Prakash JCA, Steven Chong JCA and Belinda Ang Saw Ean JCA sat, with Steven Chong JCA delivering the judgment of the court. The appeal concerned the costs consequences of a split outcome where both an offer to settle, made before trial, and a Calderbank offer, made before the appeal, were present, and how each of these competing offers would impact on the eventual costs orders.

[2023] SGCA 26 explained

Owner of the vessel(s) NAVIGATOR ARIES (IMO No. 9403762) v Owner of the vessel(s) LEO PERDANA (IMO No. 9363390) ([2023] SGCA 26) is a Singapore judgment decided by the Court of Appeal on 21 September 2023. It is categorised under Civil Procedure. It is a recent decision; within this corpus no later judgment has cited it yet. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.

What is [2023] SGCA 26 about?

Owner of the vessel(s) NAVIGATOR ARIES (IMO No. 9403762) v Owner of the vessel(s) LEO PERDANA (IMO No. 9363390) ([2023] SGCA 26) is a Court of Appeal decision from 2023. Its published catchwords are “Civil Procedure — Costs”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Which legislation does [2023] SGCA 26 consider?

The judgment refers to Supreme Court of Judicature Act (Cap 322). The statutes cited are listed in full on this page, each linking to its primary text.

What earlier Singapore cases does [2023] SGCA 26 cite?

Among the in-corpus authorities it refers to are [2023] SGCA 20. The complete list of cases cited, and of later cases that cite this decision, is shown on this page.

Summary

This decision concerned the costs consequences of consolidated admiralty actions between the owners of the vessels Navigator Aries and Leo Perdana arising from a collision in the Surabaya Strait, where the outcome was split and both an offer to settle and a Calderbank offer had been made. The Court of Appeal addressed the costs of the trial, the appeal and an application to transfer the appeal. It fixed the costs of the appeal and the transfer application at a total of $100,000 inclusive of disbursements, to be paid by the respondent to the appellant.

What was The "Navigator Aries" [2023] SGCA 26 about?

It was a Court of Appeal decision delivered on 21 September 2023 before Judith Prakash JCA, Steven Chong JCA and Belinda Ang Saw Ean JCA concerning the costs consequences of a split outcome where an offer to settle and a Calderbank offer were both present.

What costs question did [2023] SGCA 26 examine?

The appeal, arising from cross admiralty in rem actions between the owners of the vessels Navigator Aries and Leo Perdana, examined how an offer to settle made before trial and a Calderbank offer made before the appeal would affect the eventual costs orders.

Statutes Cited

Cases Cited (7)

SG (3)
[2020] SGHC 81 [2022] SGMC 58 [2023] SGCA 20
SLR (4)
[2004] 3 SLR(R) 267 [2004] 3 SLR(R) 365 [2014] 2 SLR 1285 [2018] 2 SLR 1070

Related cases

Other Singapore judgments involving the same parties or counsel.

Referenced in

Statutes interpreted in this judgment

Legal concepts & references

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2023] SGCA 26)