JUDGMENT

Low Hop Bing J:

Appeal

Several interesting and novel issues pertaining to practice and procedure were said to have been raised at the hearing of the defendants' application in encl. (33) before the learned registrar, wherein the defendants had on 25 January 2002 sought and succeeded in obtaining an order that the plaintiffs' writ in rem ("this writ"), service thereof on the defendants and all subsequent proceedings be set aside or struck off with costs ("the said decision"). This appeal in encl. (53) to me as judge in chambers was brought by the plaintiffs against the said decision.

Facts Of The Case

For the purposes of this appeal, the facts of the case are uncontroverted.

The unfolding of the narrative showed that on or about 28 May 2001, the plaintiffs' vessel MT "ROWAN" and the defendants' vessel MV 'SINGAPURA TIMUR" were involved in a collision in the Straits of Malacca ("the collision"). Shortly after the collision, MV "SINGAPURA TIMUR" sank in the approximate position of 01°58.5 Lat 102°14.2 Long and now remains on the seabed, and is presently still submerged underwater at a depth of 48 meters at the position where she sank.

By this writ, the plaintiffs claim agains