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

7 cases cited

Key facts

Court	Court of Appeal
Decided	21 September 2023
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 21 September 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Civil Procedure — Costs

Practice Areas

Civil Procedure

Judges (3)

Belinda Ang Saw Ean Coram Judith Prakash Coram Steven Chong Delivered

Counsel (9)

Goush Marikan Law Practice Firm

Marican & Associates Firm Resource Law LLC Firm Choi Yee Hang Ian Counsel for the appellant Jonathan Lim Shi Cao Counsel for the appellant

Mohamed Goush s/o Marikan Counsel for the respondent

Mohd Munir Marican Counsel for the respondent Seah Lee Guan Collin Counsel for the appellant Tessa Lim Counsel for the appellant

Parties (2)

Owner of the vessel “LEO PERDANA” Respondent

Owner of the vessel “NAVIGATOR ARIES” Appellant

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.

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.