Justin Seet

Associate

Tel: +65 6505 0166
justin.seet@incisivelaw.com

Justin advises and represents clients in respect of charterparty disputes, international trade disputes, collisions, cargo claims, and ship building/sale and purchase disputes.

Justin has represented clients at all levels of the Singapore Courts and has experience in arbitrations (e.g. SIAC and SCMA) and mediations.

In his insolvency practice, Justin advises creditors and financial institutions in respect of large-scale corporate insolvencies, in particular debtor companies in the shipping, maritime and oil and gas sectors.

Justin also regularly advises on regulatory compliance (and the enforcement thereof) in various areas such as Singapore employment law and the Singapore Companies Act.

HIGHLIGHT MATTERS INCLUDE:

  • Shipping/Commercial Disputes

    1. Successfully obtained an Order of Court for damages for the wrongful arrest of a client’s vessel.

    2. Represented the owners of two VLGC vessels in an SCMA arbitration against their former ship managers.

    3. Represented and obtained injunctive relief for charterers in a multi-party cargo mis-delivery claim in the Singapore High Court involving the discharge of a cargo of palm oil against letters of indemnity without presentation of original bills of lading.

    4. Defended a local university against an application for an injunction and a claim for damages in respect of a call on a performance bond.

  • Insolvency

    5.  Acted for a Greek ship owner in its appeal before the Court of Appeal (Singapore’s highest court) arising out of the insolvency of its charterer.

    a. The juridical nature of a contractual lien on sub-freight in the event of insolvency was considered for the first time in Singapore and consisted of a Coram of 5 Justices of Appeal (instead of the usual Coram of 3) which included the Chief Justice, and an Amicus Curiae (Duncan, Cameron Lindsay and another v Diablo Fortune Inc and another matter [2018] SGCA 26 for the Court of Appeal decision; Duncan, Cameron Lindsay and another v Diablo Fortune Inc and another matter [2017] SGHC 172 for the High Court decision). The Court of Appeal, in its judgment, stated that it may be appropriate to examine suitable legislative reform which would be in line with the position we argued for (i.e. that such contractual liens need not be registered).

    b. Shortly after this decision, The Companies (Amendment) Bill was introduced to amend the Singapore Companies Act in respect of the statutory requirement to register liens over sub-freight. The amendment brings Singapore law not only in-sync with Hong Kong’s statutory treatment (carve-out) of liens over sub-freight (wherein such liens are statutorily excluded from the need for registration) but one would say that the upcoming amendments could or would render Singapore law even more attractive as it at least recognises the lien as a charge and thus a security. Creditors like our client would be entitled to priority without the need for registration.

    6.  Advised a Chinese state-owned bank on the enforcement of its security (a vessel) under a loan agreement in light of the judicial management of the Swiber Group.

    7.  Advised commercial creditors on their remedies in respect of various insolvency protection and insolvency regime applications involving large commercial groups in the shipping industry including but not limited to Hanjin Shipping; EMAS Offshore Limited; and Otto Marine Limited.

    8.  Acted for one of the world’s largest ship owing groups in contentious winding-up proceedings against its debtor’s group of companies involving cross-border elements and injunction applications both in Singapore and in England.

     

Education (University):

University of Sheffield

Professional Associations and Memberships:

Law Society of Singapore
Singapore Academy of Law

Languages:

English
Mandarin