Oversea-Chinese Banking Corporation v Owner and/or Demise Charterer of the STI Orchard, Winson Oil Trading Pte Ltd intervening (The “STI Orchard”) [2022] SGHCR 6 – 23 May 2022

The Cargo was delivered to the buyer without the production of bills of lading. HLT became insolvent and defaulted on credit facilities provided by the Bank in which had entered into trade financing arrangements. The Bank sought summary judgement for breach on the contract of carriage and it acquired rights of suit as the lawful holder of the bills of lading. The Court held the summary judgement would be refused and the owners had arguable defences that should go to the trial; the Bank had not met the threshold of honest conduct and the defence that the bills were not spent was not arguable.