Toptip Holding Pte Ltd v Mercuria Energy Trading Pte Ltd [2017] SGCA 64

In this appeal from the first instance decision of Steven Chong J ((2016) 16 STL 8 5), Toptip Holding asserted that a valid voyage charterparty had been concluded via email on 14 October 2014 and that the communication by Mercuria, the disponent owner, on 29 October constituted a repudiation thereof, entitling Toptip to damages in respect of the losses arising from having to secure a substitute charterparty at a higher rate.

The damages sought were calculated as the difference between the rate paid by Toptip for its replacement charter of the same vessel, but from a different disponent owner, and the rate it would have paid to Mercuria.