The “Bunga Melati 5” – Court of Appeal (Sundaresh Menon CJ, Chao Hick Tin and Andrew Phang Boon Leong JJA) [2016] SGCA 20 – 29 March 2016

Agency – Contracts for supply of bunkers – 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 which, in January 2005, wrote to MISC to be approved as a registered bunker vendor.