Re: DA SHUN SHIPPING (PTE.) LTD.

[2026] SGHC 75 High Court (General Division) 8 April 2026 • HC/CWU 51/2022 ( HC/SUM 3030/2023,HC/SUM 2972/2023,HC/SUM 2280/2025 ) • 85 min read
25 cases cited (13 SG, 12 foreign)

Catchwords

Restitution — Unjust enrichment — Contribution from co-debtor Restitution — Subrogation — Section 2 of the Mercantile Law Amendment Act 1856 Insolvency Law — Administration of insolvent estates — Conduct of legal proceedings — Whether certain creditors’ claims should be decided based on affidavits or after a trial Admiralty and Shipping — Admiralty jurisdiction and arrest — Statutory liens created by admiralty in rem claimants — Effect of order made under s 100(2) of the Insolvency, Restructuring and Dissolution Act 2018 — Whether the order provided security to admiralty in rem claimants

Practice Areas

Restitution Insolvency Law Admiralty and Shipping

Judges (1)

S Mohan Delivered

Counsel (20)

DennisMathiew Firm JWS Asia Law Corporation Firm Joseph Tan Jude Benny LLP Firm Shook Lin & Bok LLP Firm Withers KhattarWong LLP Firm Charis Toh Si Ying Counsel Respondent Cheang Hui Xuan Counsel Applicant Chin Yan Xun Counsel Respondent Chua Li-Ann Nicolette Counsel Respondent Lam Zhen Yu Counsel Applicant Lin Weiwen Moses Counsel Respondent Mathiew Christophe Rajoo Counsel Respondent Ng Jin Wei Counsel Respondent Ng Jun Jie Justin Counsel Respondent Probin Dass Counsel Respondent Soong Jun De Counsel Respondent Sze Kian Chuan Counsel Applicant Tan Hong Liang Counsel Respondent Tan Hui Tsing Counsel Respondent Wong Sze Qi Counsel Applicant

Parties (5)

An Wei Shipping Pte Ltd Respondent Da Shun Shipping (Pte) Ltd Applicant Societe Generale, Singapore Branch Respondent The Hongkong and Shanghai Banking Corporation Limited Respondent Yit Chee Wah Applicant

Case Significance

Re Da Shun Shipping (Pte) Ltd [2026] SGHC 75, decided on 8 April 2026 by Justice S Mohan of the High Court General Division, arose from the winding-up of Da Shun Shipping (Pte) Ltd (Companies Winding Up No 51 of 2022) and concerned three related summonses. The liquidator, Yit Chee Wah, and creditors including The Hongkong and Shanghai Banking Corporation Limited, Societe Generale (Singapore Branch), and An Wei Shipping Pte Ltd (itself in creditors' voluntary liquidation) disputed several overlapping questions: whether admiralty in rem claimants held security by virtue of an order under s 100(2) of the Insolvency, Restructuring and Dissolution Act 2018; claims in unjust enrichment for contribution from a co-debtor; subrogation rights under s 2 of the Mercantile Law Amendment Act 1856; and whether certain creditors' claims should be decided on affidavits or after a trial. The judgment drew on 25 authorities (13 Singapore, 12 foreign), reflecting the multi-jurisdictional complexity of insolvency-admiralty intersections.

Summary

The liquidator of Da Shun Shipping (Pte) Ltd, a one-ship company in the Hin Leong group that held the vessel Sea Latitude, sought directions on competing claims to sale proceeds of that vessel, including claims by HSBC and Societe Generale totalling approximately US$64 million and a contribution claim by co-debtor An Wei Shipping Pte Ltd of US$6,083,702.55. The court addressed whether an s 100(2) IRDA order provided security to admiralty in rem claimants, whether An Wei had a right to contribution from Da Shun, and whether certain claims required a full trial. The court allowed An Wei's contribution claim as an unsecured debt in Da Shun's liquidation and directed that HSBC's and SG's claims proceed to trial to determine their priority over the balance proceeds.

What insolvency and admiralty issues did the High Court resolve in Re Da Shun Shipping (Pte) Ltd [2026] SGHC 75?

Justice S Mohan addressed whether an s 100(2) order under the IRDA 2018 gave security to admiralty in rem claimants against Da Shun Shipping (Pte) Ltd, unjust-enrichment contribution between co-debtors, subrogation under the Mercantile Law Amendment Act 1856, and the procedural question of affidavit-only versus trial determination of creditors' claims.

Statutes Cited

Insolvency, Restructuring and Dissolution Act
Mercantile Law Amendment Act
s 2
Restructuring and Dissolution Act

Cases Cited (25)

SG (1)
[2020] SGHCR 8
SLR (12)
[2007] 2 SLR(R) 770 [2008] 3 SLR(R) 1029 [2012] 3 SLR 1003 [2013] 3 SLR 801 [2016] 1 SLR 1069 [2018] 2 SLR 655 [2024] 3 SLR 1079 [2025] 1 SLR 1020 [2025] 1 SLR 998 [2025] 4 SLR 1031 [2025] 4 SLR 816 [2026] 1 SLR 1
UK (12)
[1891] AC 107 [1974] 2 All ER 1074 [1976] Ch 220 [1996] 1 WLR 328 [1999] 1 AC 221 [2005] EWHC 2529 [2006] EWCA Civ 1622 [2014] EWHC 36 [2016] AC 176 [2017] UKSC 29 [2018] AC 313 [2023] EWHC 121

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2026] SGHC 75)