The “LUNA” v Philips 66 International Trading Pte Ltd [2021] SGCA 84 – 20 August 2021

Singapore Court of Appeal
Written By Louise Glover

B/Ls held by unpaid bunker Sellers, Phillips 66 (following insolvency of Buyers (OW)), did not give them rights to delivery of the cargo (then in the Appellants' bunker barges, which they had arrested). The Singapore CA held that the B/Ls were neither contracts of carriage nor documents of title, being atypical, in that (i) no specific discharge port (ii) deliveries to multiple ocean-going vessels and (iii) Phillips 66 had assumed the risk of non-payment (by giving a credit period and excluding reference to the B/Ls in the sales contracts).

Louise Glover
Previous

Lakatamia Shipping Company Ltd v Su [2021] EWCA Civ 1355 – 15 September 2021 (Arnold LJ, Carr LJ)
Next

VTB Commodities Trading DAC -v- JSC Antipinsky Refinery & Ors [2021] EWHC 1758 – 4 August 2021 (Clare Ambrose sitting as a Deputy Judge of the High Court)