THE "JEIL CRYSTAL" (NO 2)

[2024] SGHC 74, High Court of the Republic of Singapore, General Division, S Mohan J, 15 March 2024

Contracts (bills of lading) – Switch bills of lading – Trade finance bank returning the bills of lading to its customer to be switched – Whether bank a lawful holder – Rights of suit under the contract of carriage – Wrongful arrest – Grossly negligent conduct such as to amount to implied malice – Bank failing to establish it had bills of lading in its possession before the arrest – Bills of Lading Act 1992

The plaintiff was a trade finance bank. The defendant was the owner of Jeil Crystal and had on 13 June 2020 issued a set of bills of lading in respect of a cargo of lube oil to GP Global (GPG).