THE "DOLPHINA"

[2011] SGHC 273, High Court of Singapore, Belinda Ang Saw Ean J, 30 December 2011

Bills of lading - Proper law of bill of lading - Whether breach of contract to deliver the cargo without production of the bill of lading - Whether bank acquiring rights under spent bill of lading - Lawful holder - Prior invalid indorsement of the bill of lading - Civil conspiracy - Carriage of Goods by Sea Act 1992

This was a complex litigation marred by evidentiary issues and common ground between the parties, some of the basis of which was doubted by the judge. The background was one of misdelivery of cargo without production of the bill of lading. The plaintiff was a Chinese bank. The defendant was a shipping group incorporated in Panama which was the registered owner of The Dolphina. The two shareholders and directors of the defendant were also shareholders and directors in several other companies featuring heavily in the background to the litigation. The bills of lading in question were four bills of lading for the shipment of unsegregated palm oil, of which the action concerned one.