COSTANK (S) PTE LTD v HYUNDAI MERCHANT MARINE CO LTD

[2016] 6 CMCLR 1

DALIAN MARITIME COURT OF CHINA(DECISION ON REVIEW)

Before Chief Judge Yanjun,Acting Judge Hongwei,Acting Judge Xiangzhen,Court Clerk ShuRui

OW Bunker – Bunker oil supplied to respondent (the bareboat charterer) by OW Bunker Middle East – Applicant supplied bunker oil to OW Bunker Far East – Retention of title clause – Applicant applied to arrest respondent's vessel – Creditor-debtor relationship – Privity of contract – Subrogation rights – Whether respondent committed tort of trespass on applicant's bunker oil – Whether applicant is entitled to arrest vessel.