Wilmar Trading Pte Ltd v Heroic Warrior Inc: Damage to Palm Oil Cargo Due to Negligence

In Wilmar Trading Pte Ltd v Heroic Warrior Inc, the High Court of Singapore addressed a claim by Wilmar Trading against Heroic Warrior for damages to a consignment of palm oil products. Wilmar Trading, the plaintiff, nominated the Bum Chin, owned by Heroic Warrior, to carry the palm oil. Due to an incident on board, the palm oil was damaged. Wilmar Trading sued in contract and negligence, while Heroic Warrior counterclaimed for repair costs. The court, presided over by Belinda Ang Saw Ean J, found no contractual relationship between the parties but established negligence on the part of Heroic Warrior. The court dismissed the counterclaim and awarded damages to Wilmar Trading.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Judgment for Plaintiff

1.3 Case Type

Admiralty

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Wilmar Trading sues Heroic Warrior for negligence after palm oil cargo damage. The court found Heroic Warrior liable for failing to provide a seaworthy vessel.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Wilmar Trading Pte LtdPlaintiffCorporationJudgment for PlaintiffWon
Heroic Warrior Inc.DefendantCorporationClaim DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Belinda Ang Saw EanJudgeYes

4. Counsels

Counsel NameOrganization
Prem GurbaniGurbani & Co LLC
Tan Hui TsingGurbani & Co LLC
Yip Li MingRajah & Tann Singapore LLP
Philip TayRajah & Tann Singapore LLP

4. Facts

  1. Wilmar Trading nominated the Bum Chin to carry palm oil products.
  2. Heroic Warrior Inc. is the registered owner of the Bum Chin.
  3. An incident occurred on board the Bum Chin, damaging the palm oil cargo.
  4. Wilmar Trading arranged a substitute vessel to transport the palm oil.
  5. The Bum Chin sustained physical damage in the incident.
  6. There were pre-existing weld defects and fatigue cracks in the tank top of tank 4S.
  7. The ship's manifold valve was not properly controlled during line blowing.

5. Formal Citations

  1. Wilmar Trading Pte Ltd v Heroic Warrior Inc., Admiralty in Personam No 33 of 2015, [2019] SGHC 143

6. Timeline

DateEvent
Bum Chin oil/chemical tanker built
Email sent regarding bills of lading arrangement
Email sent regarding revised shipping instructions
Incident occurred on board the Bum Chin
Master of Bum Chin issued Letter of Protest
Korean Class Surveyor's Survey Report issued
Statement of facts prepared and signed by the Master
ROL IV 64 shipped in flexibags to Jeddah
Admiralty in Personam No 33 of 2015 filed
Trial began
Trial concluded
Judgment reserved
Judgment issued

7. Legal Issues

  1. Negligence
    • Outcome: The court found that the defendant owed the plaintiff a duty of care and breached that duty, causing damage to the plaintiff's cargo.
    • Category: Substantive
    • Sub-Issues:
      • Duty of care between registered owner and sub-charterer
      • Failure to provide a seaworthy vessel
      • Failure to take reasonable care of cargo
    • Related Cases:
      • [1986] AC 785
      • [2018] 2 SLR 588
      • [2007] 4 SLR(R) 100
  2. Breach of Contract
    • Outcome: The court found that there was no contractual relationship between the plaintiff and the defendant.
    • Category: Substantive

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Admiralty
  • Shipping
  • Commercial Litigation
  • Cargo Claims

11. Industries

  • Commodities Trading
  • Shipping

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Pyrene Co Ld v Scindia Navigation Co LdQueen's BenchYes[1954] QB 402England and WalesCited for the proposition that there is no need for bills of lading to be actually issued for there to be a contract of carriage since the bill of lading is only evidence of an antecedent contract.
Leigh and Sillavan Ltd v Aliakmon Shipping Co LtdHouse of LordsYes[1986] AC 785England and WalesCited for the proposition that the buyer has no title to sue the shipowner in negligence if title to the property remained with the seller at the time the goods were damaged.
Obestain Inc v National Mineral Development Corporation Ltd (The “Sanix Ace”)UnknownYes[1987] 1 Lloyd’s Rep 465England and WalesCited to show that the English position continues to prevail even though risk in the cargo passes to the buyer.
NTUC Foodfare Co-operative Ltd v SIA Engineering Co Ltd and anotherCourt of AppealYes[2018] 2 SLR 588SingaporeCited to reject the Aliakmon case and hold that the legal requirement of proving ownership of or a possessory interest to the cargo in order to bring a claim in negligence for loss flowing from the damage no longer applies in Singapore.
Spandeck Engineering (S) Pte Ltd v Defence Science & Technology AgencyCourt of AppealYes[2007] 4 SLR(R) 100SingaporeCited for the test for the establishment a duty of care in tort.
Khoo Bee Keng v Ang Chun Hong & anotherHigh CourtYes[2005] SGHC 128SingaporeCited for the principle that theories and opinions advanced as to how the incident happened must ultimately be based on the facts, not postulations and beliefs.
Robertson Quay Investment Pte Ltd v Steen Consultants Pte Ltd and anotherUnknownYes[2008] 2 SLR(R) 623SingaporeCited for the principle that a plaintiff cannot make a claim for damages without placing before the court sufficient evidence of the loss it has suffered.
Saga Foodstuffs Manufacturing (Pte) Ltd v Best Food Pte LtdUnknownYes[1994] 3 SLR(R) 1013SingaporeCited for the principle that when evidence is sought to be given of what someone said to the testifying witness, whether such evidence offends the rule against hearsay depends on the purpose for which the evidence is sought to be tendered.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Sale of Goods Act (Cap 393, 1999 Rev Ed)Singapore
Evidence Act (Cap 97, 1997 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Palm Oil
  • Bills of Lading
  • Seaworthiness
  • Negligence
  • Duty of Care
  • Cargo Operations
  • Charterparty
  • Line Blowing
  • Pigging
  • Tank 4S
  • Manifold Valve

15.2 Keywords

  • Admiralty
  • Shipping
  • Palm Oil
  • Cargo Damage
  • Negligence
  • Singapore
  • Contract
  • Tort

17. Areas of Law

Area NameRelevance Score
Shipping80
Admiralty and Maritime Law75
Cargo Operations70
Negligence70
Cargo Claims65
Bills of Lading Act60
Torts60
Damages50
Contract Law40
Breach of Contract30
Evidence20
Collections10

16. Subjects

  • Admiralty
  • Shipping
  • International Trade
  • Cargo Damage
  • Negligence