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Rights of a Non-Defendant Party Who Furnished Security to Secure the Release of the Vessel

John Sze and Thong Ying Xuan

[2021] SAL Prac 14

Abstract:
It is trite that third parties with interests in a vessel under arrest have locus standi to intervene in admiralty proceedings by invoking the court’s admiralty jurisdiction via O 70 r 16 of the Rules of Court (Cap 322, R 5, 2014 Rev Ed) or the court’s inherent jurisdiction. This article will examine the cases on the security provider’s interest to intervene in the action in rem, and on the intervener’s rights to (a) to set aside the warrant of arrest and (b) to file a defence and counterclaim for damages arising from wrongful arrest, in the event where the defendant shipowner is actively defending the arrest.