Bumi Armada Offshore Holdings and Anor v Tozzi SrI [2018]

Bumi Armada Offshore Holdings and Anor v Tozzi SrI [2018] SGCA(I) 05 — 6 August 2018 (Sundaresh Menon CJ, Beverley Marian McLachlin IJ and David Edmond Neuberger IJ)

“Bumi Armada granted Tozzi a right of first refusal for certain works in a floating gas production and storage facility construction project; having awarded those works elsewhere, Bumi Armada said that the right was not binding as the minutes of meeting recording it (drawn up by Bumi Armada but signed by both parties) were expressed to be "subject to ...contract". The Court of Appeal found that the first refusal agreement had been concluded orally at the meeting and that on the facts, the minutes had no contractual effect and their "subject to contract" proviso was ineffective.”

Louise Glover
E. G. Arghyrakis & Co.
15th August 2018