The "Yue You 902" [2019]

The "Yue You 902" [2019] SGHC 106 — 24 April 2019 (Pang Khang Chau JC)

“In a cargo misdelivery claim, the unpaid claimant bank holding B/Ls as security, defeated the carrier's argument that the bills had become 'spent' by the time the bank acquired possession. Neither the charterer/seller ordering discharge nor the buyer/receiver of the cargo was entitled to delivery under the bills. Such a delivery was not therefore capable of causing bills to be spent ('Erin Schulte' case considered). Nor did the bank's grant of the loan, with knowledge of the delivery without bills, constitute its authorisation or consent to the carrier.”

Angeliki Georgouli
E. G. Arghyrakis & Co.
28th August 2019