Intercontinental Specialty Fats Berhad v Bandung Shipping: Admissibility of Hearsay Evidence in Damages Assessment
In Intercontinental Specialty Fats Berhad v Bandung Shipping Pte Ltd, the High Court of Singapore heard an appeal regarding the admissibility of certain evidence in a hearing to assess damages caused by the defendant's breach of contract for the wrongful delivery of RBD Palm Olein. The plaintiff, Intercontinental Specialty Fats Berhad, claimed damages based on the market price of the oil at Kandla, India. The court, presided over by Assistant Registrar Tai Wei Shyong, admitted evidence relating to prices in Kandla but disallowed evidence related to prices in Chennai, based on the hearsay rule. The appeal was dismissed.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed.
1.3 Case Type
Admiralty
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding the admissibility of evidence in assessing damages for breach of contract involving wrongful delivery of RBD Palm Olein. The court allowed evidence of Kandla prices but disallowed Chennai prices.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Intercontinental Specialty Fats Berhad | Plaintiff | Corporation | Appeal dismissed | Lost | |
| Bandung Shipping Pte Ltd | Defendant | Corporation | Successful defense | Won | |
| Shweta International Pte Ltd | Defendant | Corporation | Neutral | ||
| Lanyard Foods Ltd | Defendant | Corporation | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tai Wei Shyong | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Thomas Tan | Haridass Ho and Partners |
| Kendall Tan | Rajah and Tann |
| Toh Kian Seng | Rajah and Tann |
4. Facts
- Intercontinental Specialty Fats Berhad sued Bandung Shipping for breach of contract.
- The breach involved wrongful delivery of RBD Palm Olein.
- The cargo was delivered without original bills of lading.
- The cargo was delivered at Mangalore instead of Kandla.
- The plaintiff sought damages based on the market price at Kandla.
- The defendant objected to the admissibility of certain evidence as hearsay.
- The court admitted evidence of Kandla prices but disallowed Chennai prices.
5. Formal Citations
- Intercontinental Specialty Fats Berhad v Bandung Shipping Pte Ltd and Others, Adm in Rem 485/2000, [2004] SGHC 1
6. Timeline
| Date | Event |
|---|---|
| Date cargo should have been delivered | |
| Date cargo should have been delivered | |
| Admiralty in Rem case filed | |
| Mr Tay Thian Ser affidavit of evidence-in-chief | |
| Decision Date |
7. Legal Issues
- Admissibility of Hearsay Evidence
- Outcome: The court admitted evidence relating to prices in Kandla but disallowed evidence related to prices in Chennai, based on the hearsay rule.
- Category: Procedural
- Sub-Issues:
- Repeating out-of-court statements for their truth
- Admissibility of market reports without the maker present
- Related Cases:
- [1995] 1 SLR 739
- [1994] 4 SLR 197
- [1973] 1 Ch 415
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
- Shipping Law
11. Industries
- Shipping
- Food Industry
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Saga Foodstuffs Manufacturing (Pte) Ltd v Best Food Pte Ltd | High Court | Yes | [1995] 1 SLR 739 | Singapore | Cited regarding the admissibility of market survey results and the rule against hearsay. |
| The Shravan | High Court | Yes | [1994] 4 SLR 197 | Singapore | Cited regarding the application of the rule against hearsay in assessing losses based on diminution in market value. |
| English Exporters (London) Ltd v Eldonwall Ltd | Chancery Division | Yes | [1973] 1 Ch 415 | England and Wales | Cited regarding the distinction between opinion evidence and factual evidence in valuation cases and the admissibility of hearsay. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- RBD Palm Olein
- Wrongful Delivery
- Hearsay Evidence
- Market Price
- Bills of Lading
- Admissibility of Evidence
15.2 Keywords
- breach of contract
- hearsay
- admiralty
- shipping
- palm olein
- evidence
- damages
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Wrongful Delivery | 85 |
| Shipping Law | 80 |
| Breach of Contract | 75 |
| Evidence Law | 70 |
| Damages | 65 |
| Contract Law | 60 |
| Commercial Law | 50 |
| Admiralty Law | 40 |
16. Subjects
- Shipping
- Breach of Contract
- Evidence