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North P&I Club lawyer: Don’t be time barred

Jim Leighton uses the case of Lukoil Asia v Ocean Tankers, the “Ocean Neptune” case, as an example.
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Jim Leighton, the Senior Solicitor England and Wales, Freight, Demurrage and Defense (FD&D) at the North P&I Club has written an article to remind stakeholders to pay close attention on all clauses in a charterparty that stipulate time bars. The following is part of the whole article:

Lukoil Asia v Ocean Tankers, the “Ocean Neptune”

The “Ocean Neptune” [2018] EWHC 163 (Comm) serves as an important reminder that close attention needs to be paid to demurrage claim presentation time bars. Such time bars also present the risk of an owner being caught out on less conventional claims concerning the delay of the vessel while awaiting a charterer’s orders.

In this case the vessel called at three ports to discharge the cargo. But following a cargo quality dispute arising at the first port of discharge, it was subjected to a stay in excess of 1,000 hours. The charterer had, in accordance with its contractual rights, ordered the vessel to wait off the first port of discharge pending confirmation of further orders.

Unfortunately, the cargo was never accepted by the receiver at the first port of discharge. The cargo was later discharged in a more usual time frame at the second and third ports of discharge, before completing the contractual voyage. The owner then presented its claim within the demurrage claim presentation time bar period.

However, the owner did not comply with some of the documentary presentation requirements for the conventional demurrage claim, for time used during cargo operations in port. The High Court, in agreement with the arbitrators, decided that this demurrage claim failed for want of compliance.

Nevertheless, the arbitrators allowed the delay claim while awaiting the charterer’s orders on the premise that there were no documents identified, or that needed to be presented, by the relevant clauses for that aspect of the claim to succeed. The High Court did not agree, so dismissed the delay claim too.

The High Court decision was made on the basis that the delay awaiting the charterer’s orders was to “count as” time on demurrage. As that was inherently tied up with the demurrage clauses in general, including the time bar, the decision time barred what would otherwise have been a true detention claim.

This case can be contrasted with The “Seagrace” [2018] EWHC 156 (Comm). The charterparty clauses in this case did not give the charterer a right to order the vessel to await orders. The parties agreed a delay awaiting orders would be allowed at the demurrage rate.  However, this did not result in the demurrage claim presentation time bar barring what in this case was a true detention claim.

A key point to take away from these cases is that whether or not a demurrage claim presentation time bar is effective against other claims that are not of a conventional demurrage nature, depends on the careful reading of the charterparty in question. As such, an owner should check all demurrage clauses, including related time bars, carefully in each case.

The full article can be found here.

The above article is related to earlier news stories below concerning time bars:

Related: Skuld: ‘Bad’ bunkers in the US Gulf, Caribbean and Far East
Related: TKK Singapore vessel grounded due to alleged ‘improper marine fuel’

Published: 9 October, 2018
 

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Winding up

Singapore: High Court to hear Norvic Shipping Asia winding up application on 31 July

Application for the winding up of Norvic Shipping Asia Pte Ltd was filed by Netherlands-registered Mur Shipping BV on 8 April, according to Government Gazette notice.
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July 22, 2026

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RESIZED singapore high court

An application for the winding up of Norvic Shipping Asia Pte Ltd was filed by Netherlands-registered Mur Shipping BV on 8 April, according to a Tuesday (21 July) notice on the Government Gazette.

It noted the winding up application is directed to be heard before the Judge sitting in the General Division of the High Court at 10am on 31 July.

Any creditor or contributory of the company desiring to support or oppose the making of an order on the winding up application may appear at the time of hearing by himself or his counsel for that purpose.

A copy of the winding up application will be furnished to any creditor or contributory of the company requiring the copy of the winding up application by the solicitors of the applicant’s, Oon & Bazul LLC, on payment of the regulated charge for the same.

The Applicant’s address is Hiridostraat 5, Gebouw Prismatrium, 1101CW Amsterdam, The Netherlands.

The Applicant’s solicitors are Oon & Bazul LLC of 103 Penang Rd, #04-04/05/06 Singapore 238467. 

Queries on the winding up application may be directed to the following email addresses: [email protected] and [email protected].

 

Photo credit: Manifold Times
Published: 22 July, 2026

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Legal

Singapore withdraws remaining 127 charges against Hin Leong founder OK Lim

Lim Oon Kuin, also known as OK Lim, was issued a stern warning and a district court granted him a discharge amounting to an acquittal for these charges on 17 July.

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July 21, 2026

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RESIZED Sora Shimazaki on Pexels

Founder of collapsed oil trader Hin Leong Trading, Lim Oon Kuin, also known as OK Lim, has had the remaining 127 charges against him withdrawn, according to The Straits Times on Monday (20 July). 

OK Lim was issued a stern warning and a district court granted him a discharge amounting to an acquittal for these charges, including those for cheating, on 17 July. The discharge means Lim cannot be prosecuted again for the same offences.

Lim, 84, is currently serving a 13½-year prison sentence after the High Court reduced his original 17½-year jail term in March 2026. He was convicted in 2024 on two cheating charges and one count of abetting forgery in a case prosecutors described as one of Singapore’s most serious trade finance frauds.

Lim was convicted in May 2024 of two charges of cheating the Hongkong and Shanghai Banking Corporation (HSBC) and one count of abetting forgery that proceeded to trial out of a total of 130 criminal charges.

He was first charged in court on 14 August 2020, and was subsequently handed further charges in court on 25 September 2020, 30 April 2021 and 24 June 2021 for his role in perpetuating fraud on various financial institutions. 

A total of 130 charges were eventually brought against him for cheating and forgery-related offences.

Related: Singapore: Hin Leong Founder OK Lim gets jail term slashed to 13.5 years

 

Photo credit: Sora Shimazaki
Published: 21 July, 2026

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Winding up

Singapore: Coastal Logistics Pte Ltd to be wound up voluntarily

Coastal Logistics was reportedly affiliated with troubled Singapore bunker player Coastal Oil (Singapore) Pte Ltd.

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1 day ago

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July 21, 2026

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RESIZED Drew Beamer

Several resolutions for Coastal Logistics Pte Ltd were made during an extraordinary general meeting held on 14 July, according to a notice in the Government Gazette on Friday (4 July).

The following resolutions were duly passed during the meeting:

As Special Resolution

  • That it has been proved to the satisfaction of the meeting that the Company cannot by reason of its liabilities continue its business and accordingly the Company be wound up voluntarily pursuant to Section 160(1)(b) of the Insolvency, Restructuring and Dissolution Act 2018 (No. 40 of 2018);

As Ordinary Resolutions

  • that Mr. Wong Pheng Cheong Martin and Ms. Koay May Yee, both care of FTI Consulting (Singapore) Pte Ltd, One Raffles Quay, #27-10 South Tower, Singapore 048583 be appointed as the joint and several Liquidators of the Company for the purpose of such winding up; and
  • that the Liquidators be at liberty to open, maintain and operate any bank account(s) or account(s) for monies received by them as Liquidators with such bank(s) as they deem fit; and
  • that a Committee of Inspection will not be formed.

Manifold Times previously reported Nicholas James Gronow, director of Heng Tong Fuels & Shipping and Coastal Logistics, filed statutory declarations for both companies stating the firms cannot continue their businesses due to liabilities.

Both companies were reportedly affiliated with troubled Singapore bunker player Coastal Oil (Singapore) Pte Ltd. 

In 2019, several vessels owned by both firms entered the sale & purchase (S&P) market in Singapore.

Related: Singapore: Director declares Heng Tong Fuels & Shipping’s inability to continue business
Related: Heng Tong Fuels & Shipping in court over DBS Bank bunker tanker loan
Related: Singapore: Bunker tanker “Coastal Neptune” arrested
Related: Heng Tong Fuels & Shipping, Coastal Logistics tankers enter S&P market

 

Photo credit: Drew Beamer
Published: 21 July, 2026

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