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ADMIRALTY IN PERSONAM HIGH COURT OF THE REPUBLIC OF SINGAPORE

ADMIRALTY IN PERSONAM HIGH COURT OF THE REPUBLIC OF SINGAPORE

Published: 30 April 2021

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

Admiralty in Personam )

No. 6 of 2020  )

Between

ROBERTO 16 PTE LTD
(UEN NO. 201833849C)

... Plaintiff(s)

And

1.    ISHIMA PTE LTD
(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)

NOTICE

NOTICE IS HEREBY GIVEN to all persons with claims for loss and/or damage against the vessel “DI MATTEO” (the “Vessel”) and/or ROBERTO 16 PTE LTD, the owners of the Vessel in respect of any loss of and/or damage caused to a submarine cable arising from the Vessel’s crossing of the aforesaid submarine cable on 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 loss of or damage to any other property and/or any other loss, damage and/or expense and/or claim by reason of or arising out of the Incident and/or any consequential loss resulting therefrom, for which Admiralty in Personam No. 6 of 2020 was commenced in the High Court of Singapore between ROBERTO 16 PTE LTD as Plaintiff and ISHIMA PTE LTD, ENEMALTA PLC 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 as Defendants, and the following DECREE was made on the 5th day of April 2021 declaring that: -

1.    Pursuant to the provisions of the Merchant Shipping Act (Cap. 179) (the "Act") the Plaintiff is entitled to limit its liability, if any, in respect of any loss of and/or damage caused to a submarine cable arising from the vessel "DI MATTEO" (the "Vessel") crossing of the aforesaid 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 loss of or damage to any other property and/or any other loss, damage and/or expense and/or claim by reason of or arising out of the Incident and/or any consequential loss resulting therefrom.

2.    The tonnage of the Vessel for the purpose of this action is 28,231 tons.

3.    The liability of the Plaintiff, if any, is limited to 4,798,077 Special Drawing Rights ("SDR") and no more, together with interest at the rate of 5.33 per cent per annum from 23 December 2019 to the date of the constitution of the fund herein (pursuant to Section 136 of the Act and Article 11 of the Convention on Limitation of Liability for Maritime Claims 1976 (the "Convention") as set out in the Schedule to the Act) and interest at the rate of 2.5 per cent per annum thereafter up to the date of each payment under the fund.

4.    The person or persons with claims against the Plaintiff in respect of the Incident are to enter appearance in this action (if they have not already done so) and file their claims, and, 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 the said limitation decree, by 5 July 2021.

SOLICITORS FOR ROBERTO 16 PTE LTD RAJAH & TANN SINGAPORE LLP
9 STRAITS VIEW
#06-07
MARINA ONE WEST TOWER SINGAPORE 018937
ATTN: KENDALL TAN / YIP LI MING

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