Toptip Holding Pte Ltd v Mercuria Energy Trading Pte Ltd and Another (The “Pan Gold”) – Court of Appeal (Sundaresh Menon CJ, Andrew Phang Boon Leong and Judith Prakash JJA) [2017] SGCA 64 – 23 November 2017

Contract – Formation – Negotiations for charter of vessel – Owners’ offer expressed to be “Subject to review of charterer’s pro forma charterparty with logical amendment” – Whether binding contract concluded – Whether any concluded contract void for uncertainty

The issues in this case arose out of negotiations carried on between the plaintiff (Toptip) and the defendant (Mercuria) for the charter by Toptip of the vessel Pan Gold. The principal issue was whether the negotiations reached the stage of a concluded contract.