STANDARD CHARTERED BANK (SINGAPORE) LTD V MAERSK TANKERS SINGAPORE PTE LTD

[2022] SGHC 242, General Division of the High Court, Singapore, Ang Cheng Hock J, 27 September 2022

Contracts (bills of lading) – Delivery of cargo without presentation of bills of lading – Causation of loss – Whether bank had summary judgment

The plaintiff bank sought damages for breach of the contract of carriage, arising from the defendant carrier’s failure to deliver a cargo of gasoil to the plaintiff despite the latter being the lawful holder of the bills of lading. The plaintiff also pleaded an alternative claim in conversion. The plaintiff had provided trade financing to its customer HLT, a subsequently defunct oil trading company, for the purchase of the cargo. The sale contract required the seller, an intervener in the proceedings, to deliver the cargo ex ship Singapore and it had chartered the defendant’s vessel for this purpose. Payment was to be by irrevocable letter of credit within 30 days of notice of readiness to discharge.