The "STX Mumbai" and another matter
Judge | Sundaresh Menon CJ |
Judgment Date | 24 July 2015 |
Neutral Citation | [2015] SGCA 35 |
Year | 2015 |
Docket Number | Civil Appeal No 80 of 2014 and Summons No 4235 of 2014 |
Hearing Date | 15 January 2015 |
Published date | 31 July 2015 |
Citation | [2015] SGCA 35 |
Court | Court of Three Judges (Singapore) |
Defendant Counsel | Gerald Yee, Prakash Nair, Moses Lin and Nazirah K Din (Clasis LLC) |
Plaintiff Counsel | Leong Kah Wah, Vellayappan Bala, Koh See Bin (Rajah & Tann Singapore LLP) and Navinder Singh (Navin & Co LLP) |
The Appellant supplied bunkers to the Respondent’s vessel,
The Respondent applied to strike out the
This was sufficient for the Judge to strike out the
We allowed the Appellant’s appeal. In our view, the
In the result, we decided to set aside the Judge’s decision to strike out the Appellant’s claim. For completeness, we should also mention that the Judge had set aside the arrest of the Vessel and found the Appellant liable for wrongful arrest and continuance of the same, ordering, in this last-mentioned connection, an inquiry as to the sum of damages payable. However, in light of our decision not to strike out the action, we allowed the Appellant’s appeal against the setting aside of the arrest and reserved the question of wrongful arrest to the trial judge to be considered after the relevant findings have been made. These are the detailed grounds of our decision.
Background factsThe partiesThe Appellant, Transocean Oil Pte Ltd, is a locally incorporated company in the business of supplying bunkers. The Respondent, POS Maritime VX SA, is a Panamanian incorporated company and the registered owner of the Vessel.
The Appellant supplies bunkers to the VesselOn 15 May 2013, the Appellant received an order from a company known as STX Corporation (see above at [1]) for the supply of bunkers to the Vessel. The buyer named in the purchase order was stated thus – “M.V. STX MUMBAI AND/OR MASTER AND/OR OWNERS, MESSERS. STX Corporation”. We should highlight that this – the identity of the buyer – was the source of a fundamental disagreement between the parties. The arguments ran as follows:
We were not required to resolve this difference in views. In the proceedings below, the Respondent was content to take the Appellant’s case at its highest for the purposes of the striking out application and, as a consequence, the parties proceeded on a set of facts which were assumed in favour of...
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Transport & Logistics News - June 2016 (Part 1)
...owners obtained from the sale of the vessel than it would have achieved in late 2009. On appeal the charterer was successful. STX Mumbai [2015] SGCA 35 This was a decision of the Singapore Court of Appeal in which the appeal was allowed. At first instance the claim had been struck out. The ......