Overview

In ANL Singapore Pte Ltd v The Owners of the Ship "Makassar Caraka Jaya Niaga III-39" [2010], ANL's arrest was challenged by an intervener, PT Djakarta Lloyd. According to ANL, the vessel was legally registered in Djakarta Lloyd's name and hence Djakarta Lloyd is the beneficial owner. However, according to Djakarta Lloyd, an Indonesian state-owned company, the beneficial owner is the Indonesian state.

After considering the evidence against the backdrop of principles of ownership under both Singapore and Indonesian law, the Court found that the vessel was indeed beneficially owned by Djakarta Lloyd and the arrest was valid.