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Natixis, Singapore Branch v Seshadri Rajagopalan & 2 Ors
[2024] SGHC 113
Key Principle
Admiralty and Shipping — Admiralty jurisdiction and arrest — Action in rem — Statutory liens; Insolvency Law — Administration of insolvent estates — Judicial management — Whether the issuance of an in rem writ renders the in rem writ claimant a creditor of the owner of the vessel within the meaning of s 115 of the Insolvency, Restructuring and Dissolution Act; Insolvency Law — Administration of insolvent estates — Judicial management — Ex parte James principle — Whether the Ex parte James principle affords a free-standing right to recover the net proceeds of the sale of the vessel in Gibraltar — Whether the conduct of the judicial managers rose to a level of opprobrium that required intervention by the court; Insolvency Law — Administration of insolvent estates — Judicial management — Disposal of assets — Sale of vessel effected by judicial sale in Gibraltar following arrest by the mortgagee — Whether the issuance of an in rem writ in Singapore causes a vessel to be subject to a security within the meaning of s 100(2)(a) of the Insolvency, Restructuring and Dissolution Act
Area of Law
Admiralty and Shipping
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