Law firms Stephenson Harwood LLP and Virtus Law LLP, its Singapore Alliance firm, have successfully defended Hanjin Shipbuilding and Construction (HJSC), against claims brought by Keppel, now Seatrium New Energy (Seatrium), before the Singapore High Court.
The case centres around a US$32 million claim for damages against HJSC for alleged defects in shipbuilding works undertaken by HJSC. The presiding Judge, the Honourable Justice S Mohan, dismissed Seatrium's claim against HJSC, after several critical findings and legal interpretations were made in the judgment.
Justice Mohan accepted HJSC's defence which focused on the interpretation of the wording of the 'Side Letter' – a pivotal factor in the case. According to the 'Side Letter', Seatrium had agreed to absolve HJSC of all its liability, save for HJSC's warranty obligations, which would expire one year after the delivery of the vessel. As Seatrium's claims were outside the warranty period, Justice Mohan dismissed these claims in entirety, finding that HJSC was not legally liable.
"This is a significant judgment, which comprehensively examined the contractual and legal intricacies of the case, and one which emphasises the importance of upholding the plain language of the agreements," said Michael Kim, Seoul office managing partner, Stephenson Harwood. "We were pleased to advise HJSC in relation to this, and provide our market leading maritime expertise on this complex case."
The Stephenson Harwood Seoul-based team and Singapore-based Virtus Law team were led by partners Michael Kim and Daryll Ng, with support from Virtus Law partner Kaili Ang and associate Shannon Yeo, along with Seoul-based associate Glynnis Lee. The teams worked alongside senior counsel Kenneth Tan on this case.