The Dolphina – High Court of Singapore (Belinda Ang Saw Ean J) – 30 December 2011

Carriage of goods by sea – Title to sue – Shipowners delivering cargo without production of original bills of lading – Whether claimant bank lawful holder of bill of lading – Carriage of Goods by Sea Act 1992 – Tort – Whether shipowner liable for civil conspiracy to defraud bank

On 16 January 2008 sellers (“KOSB”) entered into a contract with buyers (“Zhongguang”) pursuant to which KOSB sold a parcel of 3,000 mt Palm Oelin to Zhongguang at a price of US$1,138.20 per mt (“the Zhongguang Contract”). Shipment was to be effected during March 2008 and before 31 March 2008. Payment was to be made by Zhongguang opening an irrevocable letter of credit seven days before shipment. The documents required for payment under the letter of credit included a full set of “clean on board Bill(s) of Lading made out to order and blank endorsed”.