DA HUI SHIPPING (PTE.) LTD. (IN CREDITORS' VOLUNTARY LIQUIDATION) v AN RONG SHIPPING PTE. LTD. (IN LIQUIDATION)

[2025] SGCA 30 Court of Appeal 23 June 2025 • CA/CA 62/2024 • 35 min read

6 cases cited (3 SG, 3 foreign)

Catchwords

Restitution — Subrogation Admiralty and Shipping — Admiralty jurisdiction and arrest — Action in rem — Whether variation of a priority order can be sought by a claimant without a judgment in rem Admiralty and Shipping — Admiralty jurisdiction and arrest — Action in rem — Whether a proprietary claim to the sale proceeds of an arrested vessel may be made without invoking admiralty jurisdiction

Practice Areas

Restitution Admiralty and Shipping

Judges (3)

Belinda Ang Saw Ean Delivered Kannan Ramesh Coram Sundaresh Menon Coram

Counsel (10)

Audent Chambers LLC Firm Morgan Lewis Stamford LLC Firm Wong Thai Yong LLC Firm Kelley Wong Kar Ee Counsel Third Party Leong Hoi Seng Victor Counsel Appellant Lim Jun Heng Counsel Appellant Tan Poh Ling Wendy Counsel Third Party Tan Zhengxian Jordan Counsel Appellant Wong Thai Yong Counsel Appellant Xu Hongli Terry Counsel Third Party

Parties (4)

An Rong Shipping Pte Ltd (in liquidation) Respondent Da Hui Shipping (Pte) Ltd (in creditors' voluntary liquidation) Appellant PetroChina International (Singapore) Pte Ltd Third Party Societe Generale, Singapore Branch Third Party

Case Significance

[2025] SGCA 30 is a Court of Appeal decision dated 23 June 2025 concerning Admiralty and Shipping and Restitution, specifically addressing subrogation and admiralty jurisdiction and arrest. The judgment was delivered by Belinda Ang Saw Ean, with Kannan Ramesh and Sundaresh Menon on the coram. The case was brought by Da Hui Shipping (Pte) Ltd (in creditors' voluntary liquidation) (appellant) against An Rong Shipping Pte Ltd (in liquidation) (respondent). Legal representation was provided by Audent Chambers LLC. The judgment cites 6 cases (3 Singapore, 3 foreign) and references 3 statutory provisions, including the Insolvency, the Restructuring and Dissolution Act, and the Mercantile Law Amendment Act.

Summary

Da Hui Shipping sought a declaration that it was entitled by subrogation to Bank of America's security interest in the sale proceeds of two vessels owned by An Rong Shipping, after Da Hui's own vessel had been sold to partially discharge An Rong's debt under a cross-collateralised loan facility. The key issues involved admiralty jurisdiction, whether a proprietary claim to arrested vessel proceeds could be made without an action in rem, and the doctrine of subrogation. The Court of Appeal dismissed the appeal on procedural grounds, as Da Hui had failed to properly invoke admiralty jurisdiction.

What was decided in [2025] SGCA 30?

[2025] SGCA 30 (DA HUI SHIPPING (PTE.) LTD. (IN CREDITORS' VOLUNTARY LIQUIDATION) v AN RONG SHIPPING PTE. LTD. (IN LIQUIDATION)) is a Court of Appeal decision from 23 June 2025 addressing Admiralty and Shipping and Restitution, specifically subrogation and admiralty jurisdiction and arrest. The judgment was delivered by Belinda Ang Saw Ean.

Who were the parties in DA HUI SHIPPING (PTE.) LTD. (IN CREDITORS' VOLUNTARY LIQUIDATION) v AN RONG SHIPPING PTE. LTD. (IN LIQUIDATION)?

The appellant in [2025] SGCA 30 was Da Hui Shipping (Pte) Ltd (in creditors' voluntary liquidation), and the respondent was An Rong Shipping Pte Ltd (in liquidation). Legal representation included Morgan Lewis Stamford LLC and Audent Chambers LLC. The case was decided on 23 June 2025 in the Court of Appeal.

Which judge decided [2025] SGCA 30?

[2025] SGCA 30 was delivered by Belinda Ang Saw Ean in the Court of Appeal on 23 June 2025. Kannan Ramesh and Sundaresh Menon also sat on the coram. The case concerned Admiralty and Shipping and Restitution.

What cases and statutes does [2025] SGCA 30 cite?

[2025] SGCA 30 cites 6 prior decisions, including 3 from foreign jurisdictions. It references Insolvency, Restructuring and Dissolution Act, Mercantile Law Amendment Act.

Statutes Cited

Insolvency, Restructuring and Dissolution Act

Mercantile Law Amendment Act

s 2

Restructuring and Dissolution Act

Cases Cited (6)

SG (1)

[2024] SGHC 166

SLR (2)

[1988] 2 SLR(R) 232 [2006] 1 SLR(R) 57

UK (3)

[1980] 1 Ch 196 [1980] QB 273 [1999] 1 AC 221

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2025] SGCA 30)