SEATRIUM NEW ENERGY LIMITED (FORMERLY KNOWN AS KEPPEL FELS LIMITED) v HJ SHIPBUILDING & CONSTRUCTION CO., LTD.

[2023] SGHC 264 High Court (General Division) 20 September 2023 HC/S 1074/2019

10 cases cited (9 SG, 1 foreign) Cited by 3 cases

Key facts

Court	High Court (General Division)
Decided	20 September 2023
Judge	S Mohan
Charges / claim	Contract, Tort
Counsel	Kenneth Tan Partnership, Rajah & Tann Singapore LLP, Virtus Law LLP, Ang Kaili, Daryll Richard Ng, Sara Sim Hui Li, Shannon Yeo Feng Ting, Sia Bao Huei, Tan Wee Kheng Kenneth Michael, Wayne Yeo (Yang Weien), Wong Soon Peng Adrian

Source: [2023] SGHC 264, High Court (General Division), decided 20 September 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Contract — Breach — Whether sub-contractor’s duties under shipbuilding sub-contract breached Tort — Negligence — Duty of care — Whether duty of care to be imposed in addition to contractual duty of due care, skill and diligence Contract — Variation — Effect of variation of sub-contract — Whether recourse to sub-contractor limited to post-delivery warranty obligations

Practice Areas

Contract Tort

Judges (1)

S Mohan Delivered

Counsel (11)

Kenneth Tan Partnership Firm Rajah & Tann Singapore LLP Firm Virtus Law LLP Firm Ang Kaili Counsel for the defendant

Daryll Richard Ng Counsel for the defendant

Sara Sim Hui Li Counsel for the plaintiff

Shannon Yeo Feng Ting Counsel for the defendant Sia Bao Huei Counsel for the plaintiff Tan Wee Kheng Kenneth Michael Counsel for the defendant Wayne Yeo (Yang Weien) Counsel for the plaintiff Wong Soon Peng Adrian Counsel for the plaintiff

Parties (2)

HJ Shipbuilding & Construction Co, Ltd (formerly known as Hanjin Heavy Industries and Construction Co Ltd) Defendant

Seatrium New Energy Ltd (formerly known as Keppel FELS Ltd) Plaintiff

Case Significance

Seatrium New Energy Ltd (formerly known as Keppel FELS Ltd) v HJ Shipbuilding & Construction Co, Ltd (formerly known as Hanjin Heavy Industries and Construction Co Ltd) [2023] SGHC 264 is a reserved judgment of S Mohan J in the General Division of the High Court, delivered on 20 September 2023 in Suit No 1074 of 2019. The plaintiff builder, Keppel FELS Ltd (now Seatrium New Energy Ltd), sought to hold its sub-contractor liable for welding defects discovered in portions of a vessel and claimed damages for alleged breaches of the sub-contractor's contractual and tortious duties. The sub-contractor denied responsibility for any defects and argued that the builder's claim was precluded by a variation in the parties' contract, raising issues of breach of contract, negligence and the effect of the contractual variation.

Summary

Seatrium New Energy Ltd (formerly Keppel FELS Ltd) sued its sub-contractor HJ Shipbuilding & Construction Co, Ltd (formerly Hanjin) over welding defects in a semi-submersible accommodation vessel, claiming damages for breach of contractual and tortious duties. The court found that although there were defects and Hanjin had breached the sub-contract, Keppel's recourse was limited by a Side Letter to Hanjin's warranty obligations, which had expired before the defects were discovered. The claim was dismissed.

What was Seatrium New Energy Ltd v HJ Shipbuilding & Construction [2023] SGHC 264 about?

It was a shipbuilding dispute before S Mohan J, decided on 20 September 2023, in which builder Keppel FELS Ltd (now Seatrium New Energy Ltd) claimed damages from its sub-contractor for welding defects discovered in a vessel.

What issues did [2023] SGHC 264 raise?

The builder alleged breaches of the sub-contractor's contractual and tortious duties over welding defects, while the sub-contractor denied responsibility and argued the claim was precluded by a variation of the sub-contract, raising issues of breach, negligence and duty of care.

Cases Cited (10)

SG (1)

[1997] SGHC 262

SLR (8)

[1999] 2 SLR(R) 1035 [1999] 3 SLR(R) 432 [2007] 4 SLR(R) 100 [2007] 4 SLR(R) 460 [2008] 3 SLR(R) 1029 [2013] 1 SLR 1182 [2015] 3 SLR 732 [2018] 1 SLR 170

UK (1)

[1995] 2 AC 145