Bandung Shipping v Keppel Tatlee: Rights of Suit Under Bills of Lading Act
In Bandung Shipping Pte Ltd v Keppel Tatlee Bank Ltd, the Court of Appeal of Singapore allowed the appeal, restoring the decision to strike out Keppel Tatlee's claim. The case concerned a dispute over a cargo of crude palm oil shipped under bills of lading. Keppel Tatlee claimed breach of contract, negligence, and conversion against Bandung Shipping for delivering the cargo without presentation of the bills of lading. The court held that Keppel Tatlee did not have the rights of suit under the Bills of Lading Act because they had endorsed the bills to the State Bank of Saurashtra in India, and the State Bank did not re-endorse them back to Keppel Tatlee.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal Allowed
1.3 Case Type
Admiralty
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Court of Appeal held that Keppel Tatlee Bank lacked rights to sue under the Bills of Lading Act after endorsing the bills to State Bank.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Bandung Shipping Pte Ltd | Appellant, Defendant | Corporation | Appeal Allowed | Won | |
| Keppel Tatlee Bank Ltd | Respondent, Plaintiff | Corporation | Claim Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Judge of Appeal | Yes |
| Judith Prakash | Judge | No |
4. Counsels
4. Facts
- Shweta International Pte Ltd shipped a cargo of crude palm oil on board the vessel 'Victoria Cob'.
- Bandung Shipping Pte Ltd owned the vessel 'Victoria Cob'.
- Keppel Tatlee Bank Ltd claimed to be the owners or lawful holders of the bills of lading.
- Shweta endorsed the bills of lading in blank and delivered them to Ranchhoddas Purshottam Holdings (RPH).
- RPH delivered the bills of lading to Keppel Tatlee Bank for purchase/negotiation.
- Keppel Tatlee Bank filled in the name 'the State Bank of Saurashtra in India' on the blank endorsement.
- The State Bank returned the bills of lading to Keppel Tatlee Bank without any indorsement.
- The vessel discharged the cargo to the agents of Lanyard Foods Ltd without the production of the bills of lading.
5. Formal Citations
- Bandung Shipping Pte Ltd v Keppel Tatlee Bank Ltd, CA No 13 of 2002, [2002] SGCA 46
6. Timeline
| Date | Event |
|---|---|
| Bills of lading issued | |
| Keppel TL filled in the name 'the State Bank of Saurashtra in India' onto the blank endorsement | |
| Bills of lading returned by the State Bank to Keppel TL | |
| Appeal heard | |
| Decision date |
7. Legal Issues
- Rights of Suit under Bills of Lading Act
- Outcome: The court held that Keppel Tatlee Bank did not have the rights of suit under the Bills of Lading Act.
- Category: Substantive
- Striking Out
- Outcome: The court allowed the appeal and struck out the action.
- Category: Procedural
8. Remedies Sought
- Damages
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
11. Industries
- Shipping
- Banking
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Aegean Sea Traders Corp v Repsol Petroleo SA | English Commercial Court | Yes | [1998] 2 Lloyd’s Rep 29 | England and Wales | Cited to support the proposition that mere indorsement, followed by delivery of the bill, does not make the indorsee a lawful holder. |
| East West Corporation v DKBS 1912 & Anor | English Commercial Court | Yes | [2002] EWHC 83 (COMM) | England and Wales | Cited for the principle that a valid indorsement, besides the physical possession of the bill, was critical to the claimants obtaining the rights to suit. |
| Gurney v Behrend | Queen's Bench | Yes | (1854) 3 El. & BL 622 | England and Wales | Cited by Keppel TL’s counsel to support the proposition that if an agent indorses a B/L without authority, his principal may still retain rights of suit under the contract of carriage contained in the B/L. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Bills of Lading Act (Cap 384, 1994 Rev Ed) s 2(1) | Singapore |
| Bills of Lading Act (Cap 384, 1994 Rev Ed) s 2(5) | Singapore |
| Bills of Lading Act (Cap 384, 1994 Rev Ed) s 5(2) | Singapore |
| Rules of Court (Cap 322, R 5, 1997 Rev Ed) O 18 r 19 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Bills of Lading
- Indorsement
- Rights of Suit
- Lawful Holder
- Bearer Bill
- Striking Out
15.2 Keywords
- Bills of Lading Act
- Rights of Suit
- Indorsement
- Shipping
- Admiralty
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Admiralty and Maritime Law | 90 |
| Contract Law | 70 |
| Civil Procedure | 60 |
| Evidence | 40 |
16. Subjects
- Admiralty
- Shipping
- Bills of Lading
- Civil Procedure