COSCO Shipping Specialized Carriers Co., Ltd. v PT OKI PULP & PAPER MILLS & 2 Ors

[2023] SGHC 149 High Court (General Division) 22 May 2023 HC/ADM 50/2022 ( HC/SUM 4238/2022 )

6 cases cited Cited by 2 cases

Key facts

Court	High Court (General Division)
Decided	22 May 2023
Judge	S Mohan
Charges / claim	Civil Procedure, Admiralty and Shipping
Counsel	Chan Leng Sun LLC, Clasis LLC, JLex LLC, Rajah & Tann Singapore LLP, Chan Leng Sun, Chong Ik Wei, Dawn Tan Si Jie, Dedi Affandi bin Ahmad, Koh Xu Min Rebecca, Leong Lu Yuan (Liang Luyuan), Li Kun Hang, Poh Ying Ying Joanna, Tan Wee Kong, Teo Wei Lin Elizabeth, Toh Kian Sing

Source: [2023] SGHC 149, High Court (General Division), decided 22 May 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Civil Procedure — Service Admiralty and Shipping — Collision — Limitation action

Practice Areas

Civil Procedure Admiralty and Shipping

Judges (1)

S Mohan Delivered

Counsel (15)

Chan Leng Sun LLC Firm Clasis LLC Firm JLex LLC Firm Rajah & Tann Singapore LLP Firm Chan Leng Sun Counsel for the defendant

Chong Ik Wei Counsel for the defendant

Dawn Tan Si Jie Counsel for the defendant Dedi Affandi bin Ahmad Counsel for the claimant

Koh Xu Min Rebecca Counsel for the claimant

Leong Lu Yuan (Liang Luyuan) Counsel for the defendant

Li Kun Hang Counsel for the claimant

Poh Ying Ying Joanna Counsel for the defendant Tan Wee Kong Counsel for the defendant

Teo Wei Lin Elizabeth Counsel for the defendant

Toh Kian Sing Counsel for the claimant

Parties (3)

COSCO Shipping Specialized Carriers (Europe) BV Defendant COSCO Shipping Specialized Carriers Co, Ltd Claimant PT OKI Pulp & Paper Mills Defendant

Case Significance

COSCO Shipping Specialized Carriers Co, Ltd v PT OKI Pulp & Paper Mills and others [2023] SGHC 149 is a reserved judgment of S Mohan J in the General Division of the High Court, delivered on 22 May 2023 in Admiralty in Personam No 50 of 2022 (Summons No 4238 of 2022). The proceedings arose from a contact on or about 31 May 2022 between the general cargo ship 'LE LI' and a trestle bridge connecting a paper mill to an offshore jetty at a port in Palembang, Indonesia. The shipowner commenced a limitation action under the Merchant Shipping Act 1995 and, having served the originating claim only on the head charterer under O 33 r 36 of the Rules of Court 2021, the dispute concerned service and the alleged bridge and jetty owner's dissatisfaction with that.

Summary

COSCO Shipping Specialized Carriers Co, Ltd, the owner of the vessel "LE LI", commenced a limitation action to cap its liability under the Merchant Shipping Act 1995 following a contact between the vessel and a jetty structure at Palembang, Indonesia. PT OKI Pulp & Paper Mills, alleged owner of the structure, applied to contest the Singapore court's jurisdiction and to remove the head charterer as a defendant. The court dismissed the application, holding that service on one named defendant sufficed under the Rules of Court 2021 and that jurisdiction was established.

What was COSCO Shipping Specialized Carriers Co, Ltd v PT OKI Pulp & Paper Mills [2023] SGHC 149 about?

S Mohan J heard a limitation action commenced by the owner of the cargo ship 'LE LI' after it contacted a trestle bridge and jetty at Palembang, Indonesia, on 31 May 2022, with the dispute turning on service of the originating claim.

What service issue arose in COSCO Shipping Specialized Carriers Co, Ltd v PT OKI Pulp & Paper Mills [2023] SGHC 149?

The shipowner served the originating claim only on the head charterer, the second defendant, under O 33 r 36 of the Rules of Court 2021, prompting the alleged owner of the trestle bridge and jetty to object.