The “Xin Chang Shu” – High Court (Steven Chong J) [2015] SGHC 308 – 4 December 2015

Admiralty jurisdiction – Bunker supplier arresting vessel claiming unpaid bunkers – Bunker supplier asserting that party ordering bunkers was acting as agent for shipowner – Shipowner denying agency – Whether action in rem should be set aside Admiralty practice – Whether shipowner entitled to damages for wrongful arrest of vessel by supplier of bunkers

On 24 September 2014 the plaintiff bunker supplier was asked by OW Bunker Far East (Singapore) Pte Ltd (OW Singapore) for a quotation for the supply of 3,000 to 4,000 mt of marine bunker fuel to the defendant’s vessel Xin Shang Chu at Kavkaz, Russia. On 25 September it was agreed that 4,000 mt of marine bunker fuel would be delivered to the vessel by the plaintiff at a price of US$442 per mt (the plaintiff-OW Singapore agreement).