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ADMIRALTY COURT ACTION HIGH COURT OF THE REPUBLIC OF SINGAPORE

ADMIRALTY COURT ACTION HIGH COURT OF THE REPUBLIC OF SINGAPORE

Published: 30 April 2021

IN THE GENERAL DIVISION OF THE HIGH COURT OF THE REPUBLIC OF SINGAPORE

Case No.: HC/ADM 6/2020

Admiralty Action in personam:


Between

ROBERTO 16 PTE LTD
(Singapore UEN No. 201833849C)

… Plaintiff(s)

And

1.    ISHIMA PTE LTD
(Singapore UEN No. 200509539M)

2.    ENEMALTA P.L.C.
(Malta Registration No. C 65836)
and all other persons claiming or being entitled to claim damages and/or claiming to have sustained loss and/or damage and/or costs and/or expenses by reason of or in connection with the ship or vessel “DI MATTEO” of the Port of Singapore crossing a submarine cable at or about coordinates 36.5273N 014.5154E (14 nautical miles south of Sicily, Italy) on or about 23 December 2019

… Defendant(s)

Singapore Suit No. HC/ADM 6/2020 (the “Suit”)

ISHIMA PTE LTD (Singapore UEN No. 200509539M), managers of the vessel “DI MATTEO” (IMO No. 9424651) (the “Vessel”), have been granted the right to limit their liability (without any admission thereof) in respect of any loss or damage arising out of or in connection with the Vessel crossing a submarine cable at or about coordinates 36.5273N 014.5154E (14 nautical miles south of Sicily, Italy) on or about 23 December 2019 (the “Incident”) and/or any consequential loss resulting therefrom by reference to the limitation fund to be constituted by ROBERTO 16 PTE LTD (Singapore UEN No. 201833849C), registered owner of the Vessel, pursuant to the Order of Court HC/ORC 2218/2021 dated 5 April 2021 amounting to 4,798,077 Special Drawing Rights (“SDR”) converted into Singapore Dollars calculated in accordance with the latest available published Singapore Dollar equivalent of a SDR as fixed by the International Monetary Fund and certified by the Maritime and Port Authority of Singapore, together with interest thereon at the rate of 5.33 per cent per annum from 23 December 2019 to the date of constitution of the limitation fund, and with interest thereon at the rate of 2.5 per cent per annum thereafter up to the date of each payment under the fund.

Such loss, damage and/or infringements of rights in respect of which ISHIMA PTE LTD is entitled to limitation are those mentioned in Section 136(1) and Article 2 of the Schedule to the Merchant Shipping Act (Cap. 179, 1996 Rev. Ed). 

TAKE NOTICE that persons with claims against ISHIMA PTE LTD arising out of or in connection with the Incident may enter an appearance and file their claims in the Suit, in a separate admiralty action and/or arbitration proceedings for determination of the ISHIMA PTE LTD’s liability (if any) and/or in cases to which Order 70 Rule 39 of the Rules of Court applies, take out a Summons if they think fit to set aside ISHIMA PTE LTD’s right to limitation by 5 July 2021.

Contact with ISHIMA PTE LTD should be made through their solicitors, JLex LLC of 18 Cross Street #07-08 Cross Street Exchange, Singapore 048423 or by email to info@jlex.com.sg.

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