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SINGAPORE SUIT CMA CGM ASIA SHIPPING PTE LTD

SINGAPORE SUIT CMA CGM ASIA SHIPPING PTE LTD

Published: 27 May 2021

Singapore Suit No. HC/ADM 60/2019 (the “Limitation Action”)

CMA CGM ASIA SHIPPING PTE. LTD. (formerly known as APL CO. PTE LTD) (Singapore UEN No. 199604017Z) (“CMA CGM”), the 2nd Defendant in the abovementioned Limitation Action and slot-charterer of the vessel “AS FORTUNA” (IMO No. 9428322) (the “Vessel”), has been granted the following declarations by the General Division of the High Court of the Republic of Singapore pursuant to Order of Court HC/ORC 2744/2021 dated 29 April 2021*:

  1. It is declared that pursuant to the provisions of the Merchant Shipping Act (Cap. 179, 1996 Rev. Ed.) (the “Act”) enacting the Convention on Limitation of Liability for Maritime Claims, 1976 (the “LLMC”), CMA CGM is entitled to limit its liability (if any) to the amount as specified at paragraph 2 of the Order of Court HC/ORC 8175/2019 made on 26 November 2019 in respect of any loss or damage arising out of or in connection with the Vessel running aground at or around Guayaquil, Ecuador on or around 13 September 2018 (the “Incident”) and/or any consequential loss resulting therefrom.
  2. It is declared that the limitation fund constituted by the Plaintiffs in the Limitation Action on 29 November 2019 upon depositing the Letter of Undertaking by the United Kingdom Mutual Steam Ship Assurance Association (Europe) Ltd pursuant to the Order of Court HC/ORC 8175/2019 dated 26 November 2019 (the “Limitation Fund”) shall be deemed to have been also constituted by CMA CGM for the purposes of the Act and the LLMC.

In light of the foregoing, the limit of CMA CGM’s liability is therefore 2,782,554 Special Drawing Rights, converted into Singapore Dollars pursuant to Article 8 of the Schedule read with Section 142(1) of the Act, together with interest thereon at the rate of 5.33% per annum from 13 September 2018 up to 29 November 2019 and interest at the rate of 2.5% per annum thereafter up to the date of the payment under the Letter of Undertaking.

TAKE NOTICE that persons with claims against CMA CGM in respect of the Incident may enter an appearance in the Limitation Action (if they have not already done so) and file their claims and/or take out a summons if they think fit to set aside the declaration by 29 July 2021 and after the expiration of the time so allowed, no appearance may be entered, claim filed or summons taken out to set aside the declaration granted herein except with the leave of the Registrar or, on an appeal, of the Judge.

* A copy of the Order of Court may be downloaded from the Authentic Court Orders Portal using the following QR code:

https://www.courtorders.gov.sg

Access code: 7rwejfznc

Contact with CMA CGM should be made through their solicitors Allen & Gledhill LLP of One Marina Boulevard #28-00 Singapore 018989 or by email to vivian.ang@allenandgledhill.com / douglas.lok@allenandgledhill.com.

 

 

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