UCO Bank v Golden Shore Transportation: Title to Sue Under Bills of Lading Act
UCO Bank sued Golden Shore Transportation Pte Ltd in the High Court of Singapore, alleging breach of contract for delivering goods without production of the original bills of lading. The case concerned four shipments of Sarawak round logs. The court, presided over by Belinda Ang Saw Ean J, dismissed the appeal, holding that UCO Bank was not the lawful holder of the original bills of lading and therefore lacked title to sue under the Bills of Lading Act.
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
UCO Bank sues Golden Shore for delivering goods without the original bills of lading. The court held UCO Bank lacked title to sue under the Bills of Lading Act.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| UCO Bank | Plaintiff, Appellant | Corporation | Appeal dismissed | Lost | |
| Golden Shore Transportation Pte Ltd | Defendant, Respondent | Corporation | Appeal Dismissed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Belinda Ang Saw Ean | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Bazul Ashhab | T S Oon and Bazul |
| Toh Kian Sing | Rajah and Tann |
| John Seow | Rajah and Tann |
4. Facts
- UCO Bank financed four shipments of Sarawak round logs to SOM International Pte Ltd.
- Golden Shore Transportation Pte Ltd issued bills of lading for the shipments.
- The bills of lading were made out to the order of UCO Bank.
- The defendant issued switch bills of lading without retrieving the original bills.
- The original bills were not endorsed by the shippers to HSBC.
- HSBC negotiated the drafts and presented the shipping documents to UCO Bank.
- SOM did not reimburse UCO Bank.
5. Formal Citations
- UCO Bank v Golden Shore Transportation Pte Ltd, Suit 1582/2001, RA 257/2004, [2005] SGHC 65
6. Timeline
| Date | Event |
|---|---|
| Original bills of lading dated between 22 and 31 December 2000. | |
| Original bills of lading dated between 22 and 31 December 2000. | |
| Shippers presented drafts and shipping documents to HSBC between 2 and 4 January 2001. | |
| Shippers presented drafts and shipping documents to HSBC between 2 and 4 January 2001. | |
| Vessel arrived at Kandla, India on or about 15 January 2001. | |
| Delivery of logs given to end receivers between 15 and 25 January 2001. | |
| Delivery of logs given to end receivers between 15 and 25 January 2001. | |
| Judgment Date |
7. Legal Issues
- Title to Sue
- Outcome: The court held that the plaintiff did not have title to sue.
- Category: Substantive
- Bills of Lading as Contract of Carriage
- Outcome: The court determined that the plaintiff was not a lawful holder of the bills of lading.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
- Shipping Law
11. Industries
- Banking
- Shipping
- Commodities Trading
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Credit Agricole Indosuez v Banque Nationale de Paris | Court of Appeal | Yes | [2001] 2 SLR 1 | Singapore | Cited regarding the rights of a negotiating bank under a negotiation credit. |
| Elder Dempster Lines v Zaki Ishag (The Lycaon) | N/A | Yes | [1983] 2 Lloyd’s Rep 548 | N/A | Cited for the principle that merely naming a party in the bill as consignee gives that party so named no rights under the contract. |
| East West Corporation v DKBS 1912 | English Court of Appeal | Yes | [2003] 1 Lloyd’s Rep 239 | England and Wales | Cited to illustrate that the reason for or capacity in which the consignee came into possession of the bills of lading was not relevant. |
| The Aegean Sea | N/A | Yes | [1998] 2 Lloyd’s Rep 39 | N/A | Cited regarding the necessary element of intention and an exercise of will by both transferor and transferee in the transfer of a bill of lading. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Bills of Lading Act (Cap 384, 1994 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Bills of Lading
- Negotiation Credit
- Lawful Holder
- Switch Bills of Lading
- Indorsement
- Consignee
15.2 Keywords
- bills of lading
- UCO Bank
- Golden Shore Transportation
- title to sue
- negotiation credit
- shipping
- Singapore
- contract of carriage
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Bills of Lading Act | 95 |
| Admiralty and Maritime Law | 90 |
| Bills of Lading | 90 |
| Shipping Law | 85 |
| Contract Law | 70 |
16. Subjects
- Shipping
- Banking
- International Trade
- Bills of Lading