Malayan Banking Bhd v United Arab Shipping Co: Bills of Lading & Delivery Without Presentation
In Malayan Banking Bhd v United Arab Shipping Co (S.A.G.) and Another, the High Court of Singapore heard an appeal regarding the admissibility of supplementary evidence in an assessment of damages. Malayan Banking Bhd sued United Arab Shipping Co for releasing cargo without presentation of the original bills of lading. The court dismissed the appeal in part, allowing the plaintiff to set off the order for damages and costs against the costs order.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed in part. The court allowed the plaintiff to set off the order for damages and costs against the costs order.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Malayan Banking Bhd sues United Arab Shipping Co for releasing cargo without the original bills of lading. The court addresses supplementary evidence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Malayan Banking Bhd | Plaintiff | Corporation | Appeal dismissed in part | Partial | |
| United Arab Shipping Co (S.A.G.) | Defendant | Corporation | Appeal dismissed in part | Partial | |
| Shealth Services Pte Ltd | Plaintiff | Corporation | Neutral | Neutral | |
| Agrizala Co (Pte) Ltd | Third Party | Corporation | Neutral | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
4. Facts
- The plaintiff, Malayan Banking Bhd, claimed to be the lawful holder of three bills of lading.
- The plaintiff claimed the cargo was released without presentation of the original bills of lading.
- The plaintiff sought summary judgment on its claims.
- The second defendant failed to furnish security as ordered by the court.
- The plaintiff filed a Notice of Appointment for Assessment of Damages.
- The plaintiff sought to file supplementary affidavits of evidence-in-chief regarding the market value of sugar.
5. Formal Citations
- Malayan Banking Bhd v United Arab Shipping Co (S.A.G.) and Another, Suit 388/2007, RA 280/2008, [2008] SGHC 214
6. Timeline
| Date | Event |
|---|---|
| Writ of summons filed | |
| Suits consolidated by court order | |
| Bill of Lading No SHL06111155 dated | |
| Bill of Lading No SHL0612018 dated | |
| Bill of Lading No SHL0612049 dated | |
| Order 14 Summons filed | |
| Hearing for the Order 14 Summons held | |
| Leave granted to second defendant to defend claim on condition of security | |
| Deadline for second defendant to furnish security | |
| Default interlocutory judgment entered against second defendant | |
| Affidavits of evidence-in-chief filed | |
| Affidavits of evidence-in-chief filed | |
| Notice of Appointment for Assessment of Damages filed | |
| Assessment of damages hearing | |
| Further assessment of damages hearing fixed | |
| Summons filed for leave to file joint affidavit | |
| Application heard by AR Teo | |
| Supplementary AEICs filed | |
| Second defendant filed appeal | |
| Appeal allowed in part and dismissed in part | |
| Decision Date |
7. Legal Issues
- Admissibility of Supplementary Evidence
- Outcome: The court dismissed the appeal in part, allowing the supplementary AEICs regarding the market value of sugar at Colombo, Sri Lanka.
- Category: Procedural
- Sub-Issues:
- Second bite of the cherry
8. Remedies Sought
- Damages to be assessed
- Interest
- Costs
9. Cause of Actions
- Breach of contract
- Negligence
10. Practice Areas
- Commercial Litigation
11. Industries
- Banking
- Shipping
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Auto Clean ‘N’ Shine Services v Eastern Publishing Associates Pte Ltd | Court of Appeal | Yes | [1997] 3 SLR 409 | Singapore | Cited regarding the court's discretion to allow the filing of supplementary affidavits of evidence-in-chief and the conditions under which such discretion should be exercised. |
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
- Bills of Lading
- Assessment of Damages
- Supplementary Affidavits
- Security
- Default Interlocutory Judgment
15.2 Keywords
- bills of lading
- shipping
- assessment of damages
- supplementary evidence
- civil procedure
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Civil Practice | 75 |
| Evidence Law | 60 |
| Damages | 50 |
| Contract Law | 50 |
| Commercial Law | 40 |
16. Subjects
- Shipping
- Banking
- Civil Procedure