THE "BUNGA MELATI 5"

[2012] SGCA 46, Court of Appeal of Singapore, Chan Sek Keong CJ, Andrew Phang Boon Leong JA, VK Rajah JA, 21 August 2012

Admiralty - Whether the court's admiralty jurisdiction depended on an analysis of the merits of the claim - Issue estoppel - Whether effective representation had been made that third party was the respondent's agent - Striking out

The respondent and a company that was not a party to these proceedings (MAL) had concluded a Bunker Fixed Price Agreement (BFPA) for the supply of bunkers to the respondent's ships. Following negotiations with MAL, the appellant had supplied bunkers to the respondents' ships. The appellant argued that MAL were the bunker brokers of the respondent and that contracts for the supply of bunkers had come about between the appellant and the respondent. Before the Assistant Registrar and the judge, the claims had been struck out.