JUDGMENT

Ong Chee Kwan J:

Introduction

[1] The Defendant applied under encl 20 to set aside the Writ In Rem and Warrant of Arrest both dated 22 June 2023 against the vessel, "MT LINGYANG" ("the Vessel") under O 12 r 10 and O 18 r 19(1)(a), (b), (c) and or (d) of the Rules of 2012 ("ROC 2012"). The Defendant further prayed for damages for wrongful arrest and or continuation of the arrest.

[2] On 28 November 2023, I granted the Defendant the order to set aside the Writ In Rem and the Warrant of Arrest but did not accede to the prayer for damages for wrongful arrest. Being dissatisfied, the Defendant appealed against my refusal to award damages for wrongful arrest.

[3] This judgment sets out the grounds for not granting damages for wrongful arrest.

Brief Background Facts

[4] The Plaintiff's cause of action stemmed from a voyage charterparty entered with the registered owner of the Vessel at the material time, Opportunities Sea SA ("Opportunities").

[5] According to the Plaintiff, the Charterparty provides for "loading at one safe port or STS location at safety outside-Port-Limit (OPL) anchorage of MEG including Oman, Fujairah or Khor Fakkan in Charterers ' option. "

[6] On 21 September 2023, t