Lloyd's Maritime Law Newsletter
The “Bunga Melati 5” – High Court (Admlty) (Judith Prakash J) – 22 July 2015 [2015] SGHC 190
Agency – Contracts for supply of bunkers – Whether purchaser of bunkers acted as agent for owner of vessels being supplied – Whether purchaser had actual or implied authority to purchase bunkers on behalf of shipowner – Whether agency by estoppel established – Whether shipowner liable to bunker supplier for non-payment
The
plaintiff, Equatorial Marine Fuel Management Services Pte Ltd (EMF), a
Singapore company, sold and supplied bunkers. The defendant, MISC Berhad
(MISC), a Malaysian company, owned and operated ocean-going vessels. Market Asia
Link Sdn Bhd (MAL) was another Malaysian company that was incorporated
initially for the purpose of selling spare parts for ships.