Singapore: Sentek application to quash MPA’s refusal to renew bunkering licences dismissed

The General Division of the High Court on Tuesday (27 August) dismissed an application from Sentek Marine & Trading Pte Ltd (Sentek) to quash the Maritime and Port Authority of Singapore (MPA)’s refusal to renew its bunker supplier and bunker craft operator licenses (Licenses).

Both Licenses were due to expire on 28 February 2023, and Sentek applied to the MPA on 16 January 2023 for them to be renewed. After a series of further correspondence, MPA informed Sentek on 1 April 2024 the Licences would not be renewed and would expire on 31 May 2024.

The decision to not renew Sentek’s Licenses was due to alleged breaches of the terms and conditions of the Licences in 2016 and 2017.

Concerned with potential reputational damage to Singapore as a trusted bunkering hub, MPA started its own investigations to find out if Sentek had complied with the terms and conditions of the Licences relating to the maintenance of correct and accurate records.

In response to MPA’s decision of 1 April 2024, Sentek on May 2024 applied to the High Court for a mandatory order requiring MPA to consider Sentek’s bunkering licenses applications afresh while preventing the cancellation of its existing Licenses.

Permission for judicial review was later granted on 11 July 2024.

In court, Sentek argued the alleged breaches were technical, isolated and virtually unpreventable while stating there was no systemic flaw of the company itself, according to documents procured by Manifold Times.

“To the contrary, the alleged breaches were caused by ex-employees going on a frolic of their own and it is not reasonable for MPA to assert that its decision was entirely independent of the Bukom Theft,” it argued.

The High Court discovered Sentek’s existing measures could not show it had established a system which could ordinarily detect employees who had embarked on a frolic of their own.

It also found Sentek did not explain how its enhanced measures would prevent falsification or manipulation of records in the future.

Amongst other reasons, the High Court found “no procedural impropriety” from MPA and dismissed Sentek’s original application.

Note: Sentek is currently still included in MPA’s ‘List of licensed bunker suppliers in the Port of Singapore’ and ‘List of licensed bunker craft operators in the Port of Singapore’ during a check by Manifold Times on 30 August 2024.

Manifold Times understands from a Sentek representative the company is planning to appeal the High Court decision.

Photo credit: Manifold Times
Published: 30 August 2024