Affidavit For Arrest

Plaintiff: Buggy Fix Repairs Pte Ltd

Admiralty in Rem No. [●] of 2014

BETWEEN BUGGY FIX REPAIRS PTE LTD … Plaintiffs AND The Owners and/or Other Persons Interested in the Ship or Vessel “MV MICKHERSON” … Defendants AFFIDAVIT I, [name of deponent] of [place of residence or work place] make oath/affirm and say as follows: 1.

I am a manager in the company of the Plaintiff of [address] and I make this affidavit on its behalf. Save as is hereinafter expressly stated, the matters to deposed herein are within my knowledge or in accordance with my instructions from the Plaintiff and documents supplied to me by the Plaintiffs. Insofar as the matter deposed to herein are within my own knowledge they are true and insofar as they are in accordance with my instructions or derived from statements or documents which I have read as hereinafter appears, they are true to the best of my knowledge and belief

2.

The Plaintiff is a company incorporated in the Republic of Singapore and carry on business as ship repairers in Singapore

3.

I am informed by [name], managing director of the Plaintiffs’ and believe that the Plaintiffs effected repairs to the Defendants’ ship or vessel “MV MICKHERSON” in Singapore between [●] September 2012 and [●] September 2012 at the request of MASTERS CHAMP MANAGEMENT INC – the Defendants’ manager.

4.

The Plaintiff’s charges and disbursements for the said repairs amount to the sum of US$3.0 million, of which US$1.0 million has been repaid, and the sum of US$2.0 million remains due and owing to the Plaintiff. This is despite the Plaintiff having agreed to 5 monthly repayments of the said sum.

5.

The nature of the property to be arrested is the ship or vessel “MV MICKHERSON” of the port of [●].

6.

The ship or vessel “MV MICKHERSON” is the ship against which the action is brought and is the ship in connection with which the claim in the action arose.

7.

In my belief, the party who would be liable on the claim in an action in personam is PHIL AMY SA.

8.

In my belief, PHIL AMY SA was when the case of action arose the owners of the ship or vessel “MV MICKHERSON”. The grounds for my belief are as appears from Lloyd’s Register of Shipping for 2006 that the owners of the ship or vessel “MK MICKHERSON” is stated as [●] of [●].

9.

In my belief, [●] were on [●] September 2012, the beneficial owners of all the shares in the ship or vessel “MV MICKHERSON”. The grounds for my belief are as appears from Lloyd’s Register of Shipping for 2006 that the owners of the ship or vessel “MK MICKHERSON” is stated as [●] of [●]. A copy of Lloyd’s Register of Shipping shows that no change of ownership has taken place since the cause of action arose.

10.

Pursuant to a clause in the repair contract, the Plaintiff has commenced arbitration proceedings in England on [●] March 2013, and the tribunal has been constituted but no pleadings have been served.

11.

In March 2013, the presiding judge sitting in the English High Court discharged a Mareva injunction against the owner PHIL AMY SA which he had initially granted, as he found that there was no real evidence of risk of dissipation.

SWORN/ AFFIRMED in [●] ) By the abovenamed [●] ) [name of deponent]

)

On this [●] day of [●] 2014 )

Before me,

A COMMISSIONER FOR OATHS