Keppel Tatlee Bank v Bandung Shipping: Striking Out Claim for Breach of Contract of Carriage

Keppel Tatlee Bank Limited sued Bandung Shipping Pte Ltd in the High Court of Singapore for breach of contract of carriage under Bills of Lading. The Deputy Registrar struck out the claim, but the Plaintiff appealed. The High Court allowed the appeal in part, ordering certain parts of the statement of claim to be struck out instead. The court found that there was a question of law that needed to be decided to determine whether the Plaintiffs should succeed in their claim.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Allowed in Part

1.3 Case Type

Admiralty

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding striking out a claim for breach of contract of carriage. The court allowed the appeal, ordering parts of the statement of claim to be struck out instead.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Bandung Shipping Pte LtdDefendant, RespondentCorporationAppeal Partially LostPartial
Keppel Tatlee Bank LimitedPlaintiff, AppellantCorporationAppeal Allowed in PartPartial

3. Judges

Judge NameTitleDelivered Judgment
Lee Seiu KinJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Toh Kian SingRajah & Tann
Ung Tze YangRajah & Tann
Thomas TanHaridass Ho & Partners
Ajaib HaridassHaridass Ho & Partners

4. Facts

  1. Plaintiffs are bankers.
  2. Defendants owned the vessel 'Victoria Cob'.
  3. Defendants agreed to carry Crude Palm Oil from Belawan, Indonesia to Kandla, India under Bills of Lading.
  4. Plaintiffs claimed to be owners/holders of the Bills of Lading.
  5. Defendants allegedly delivered the Cargo to someone without presentation of the original Bills of Lading.
  6. Plaintiffs purchased the bills from Ranchhoddas Purshottam Holdings Pte Ltd (RPH).
  7. The bills were endorsed in blank by the shipper and later endorsed to State Bank of Saurashtra for collection but the endorsement was cancelled.

5. Formal Citations

  1. Keppel Tatlee Bank Limited v Bandung Shipping Pte Ltd, Adm 600151/2001, RA 600177/2001, [2002] SGHC 47

6. Timeline

DateEvent
Affidavit filed by Yong Por Kwong on behalf of the Defendants
Affidavit filed by Teo Weng Kee on behalf of the Plaintiffs
Deputy Registrar allowed the application to strike out the claim
Affidavit filed by S. Pattabiraman on behalf of the Plaintiffs
Appeal heard; appeal against claim being struck out allowed in part
Defendants filed notice of appeal
Bills of Lading Nos. SIN(BEL)/KNL-15 and SIN(BEL)/KNL-16 were dated
Joint-Credit Facilities letter from the Plaintiffs to RPH dated
Acceptance by RPH dated
Application by RPH to the Plaintiffs for collection/purchase/negotiation

7. Legal Issues

  1. Striking Out Claim
    • Outcome: The court allowed the appeal in part, ordering certain parts of the statement of claim to be struck out instead of striking out the entire claim.
    • Category: Procedural
    • Sub-Issues:
      • No reasonable cause of action
      • Scandalous, frivolous or vexatious claim
      • Prejudice, embarrass or delay the fair trial
      • Abuse of the process of the Court
  2. Breach of Contract
    • Outcome: The court did not make a final determination on the breach of contract issue, as the appeal concerned the striking out of the claim.
    • Category: Substantive
    • Sub-Issues:
      • Failure to deliver cargo against presentation of bills of lading
      • Failure to take reasonable care of the cargo
  3. Title to Sue
    • Outcome: The court found that there was a question of law that was not altogether clear that had to be decided in order to determine whether the Plaintiffs should succeed in their claim.
    • Category: Substantive
    • Sub-Issues:
      • Whether the Plaintiffs were the lawful holders of the Bills of Lading
      • Whether the Plaintiffs had rights under the bills

8. Remedies Sought

  1. Monetary Damages
  2. Loss of interest

9. Cause of Actions

  • Breach of Contract
  • Breach of Duty as Bailees

10. Practice Areas

  • Admiralty Litigation
  • Commercial Litigation
  • Shipping Litigation

11. Industries

  • Banking
  • Shipping

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Gabriel Peter & Partners v Wee Chong Jin & OrsCourt of AppealYes[1998] 1 SLR 374SingaporeCited for the principle that the court should only invoke the power of striking out in plain and obvious cases and should not engage in a minute and protracted examination of documents and facts.
Hubbuck & Sons v Wilkinson, Heywood and ClarkN/AYes[1899] 1 QB 86England and WalesCited regarding the principle that the power of striking out should only be invoked in plain and obvious cases.

13. Applicable Rules

Rule Name
Order 18, rule 19

14. Applicable Statutes

Statute NameJurisdiction
Bills of Lading ActSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Bills of Lading
  • Contract of Carriage
  • Striking Out
  • Endorsement
  • Holder of a Bill of Lading
  • Reasonable Cause of Action
  • Cargo
  • Breach of Contract
  • Bailee
  • Joint Credit Facility

15.2 Keywords

  • bills of lading
  • breach of contract
  • striking out
  • admiralty
  • shipping
  • banking

17. Areas of Law

Area NameRelevance Score
Admiralty and Maritime Law90
Bills of Lading Law80
Contract Law70
Civil Procedure60
Evidence50

16. Subjects

  • Shipping
  • Banking
  • Admiralty
  • Civil Procedure