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Inter-Pacific Petroleum JMs used by banks in ‘outrageous abuse of process’, claims former Director’s lawyers

‘The JMs have failed to discharge their duties by blindly helping the Banks mount a false case against the Defendant,’ wrote defence lawyers representing former IPP Director Dr Goh Jian Hian in court statement.

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Inter Pacific by Manifold Times

Deloitte & Touche, the Judicial Managers (JMs) of former Singapore bunker supplier and craft operator Inter-Pacific Petroleum (IPP, or the Plaintiff), has been made use by banks in an “outrageous abuse of process”, claim solicitors representing Dr Goh Jian Hian, the former Director of IPP (Defendant), in a court statement.

Dr Goh’s defence statement written on 10 November 2020 (re-dated to 25 March 2021) was amongst documents obtained by Singapore bunkering publication Manifold Times from the High Court during a September 2021 inquiry; the court is in the midst of seeking further and better particulars from both parties to continue proceedings.

The legal suit started in October 2020 after JMs found IPP having a viable claim against Dr Goh.

Legal fees of the JMs are funded by the Singapore branch of Maybank and Societe Generale (SocGen), both major creditors of IPP, looking to respectively recover USD 88.3 million and USD 81.3 million that they allege to be due to Dr Goh’s negligence as director.

“The Plaintiff’s case in HC/S 953/2020 is an attempt by SocGen and Maybank (either the “Bank”; collectively, the “Banks”), who are funding the litigation, to circumvent the fact that they have no basis to make any claim against the Defendant, to avoid scrutiny of its own conduct and to apply illegitimate pressure on the Defendant to settle the claim by making sensational allegations, which have been widely publicised,” stated Dr Goh’s defence solicitors.

“The JMs of the Plaintiff have allowed themselves to be used in this outrageous abuse of process.

“The Defendant further says that the JMs of the Plaintiff owe a duty to act fairly, impartially, honestly and use reasonable diligence in the discharge of their duties, but they have failed to discharge this duty and to properly investigate and evaluate the Banks’ claims against the Plaintiff and the Plaintiff’s remedies against the parties actually responsible for the alleged fraud.”

The statement noted IPP JMs seeking to claim in excess of USD 156.6 million (exact: USD 156,555,338.31) from Dr Goh on the basis of “solely a single unverified e-mail from Mercuria” that alleges USD 762,371,594 of receivables due on July 2019 to be derived from sham and non-existent transactions.

“The Plaintiff and JMs have not pleaded what losses the Plaintiff has suffered, but have instead collaborated with the Banks to improperly use the Plaintiff as a proxy to attempt recovery of what are the apparent losses of the Banks, who know that they have no legal basis to recover them from the Defendant,” stated lawyers.

They further claimed: “That the JMs have failed to discharge their duties by blindly helping the Banks mount a false case against the Defendant.”

“That is borne out also by the fact that they have not taken the simplest of steps to protect the interests of the Plaintiff by exercising their powers to investigate whether the Banks have any claim against the Plaintiff or taken steps to recover the alleged losses from those responsible for the alleged fraud.

“Nor have the Plaintiff or the JMs made the Banks account for their own conduct, negligence and/or omissions leading up to this alleged loss.”

A timeline organised list of events preceding the current development of Inter-Pacific Petroleum have been recorded by Manifold Times below:

Related: Inter-Pacific Petroleum winding up order application approved
Related: Judicial Managers of Inter Pacific Petroleum file for winding up order
Related: Former Singapore Director of Inter-Pacific Petroleum sued for USD 156 million
Related: Inter-Pacific Petroleum creditors authorised to fund lawsuit against former Director
Related: New Silkroutes under investigation over possible breach of Securities and Futures Act
Related: JMs considering to take former Singapore Director of Inter-Pacific Petroleum to court
Related: Singapore: Inter-Pacific Group receives winding up order from High Court
Related: Singapore: Inter-Pacific Group files for winding up application at High Court
Related: MPA revokes Inter-Pacific Petroleum Pte Ltd bunker supplier licence
Related: Co-heads of Trade and Commodities Finance for Asia-Pacific leave SocGen
Related: Inter-Pacific Group, Inter-Pacific Petroleum to hold creditors’ meet
Related: NewOcean detains Singapore-flagged bunker tanker “Pacific Energy 28”
Related: SocGen lawsuit against NewOcean Petroleum dropped, party to counterclaim
Related: MPA revokes Inter-Pacific Petroleum bunker craft operator licence
Related: Magnets on MFMs: Trial starts for former bunker clerk of “Consort Justice
Related: First suspect charged over MFM tampering in landmark case
Related: With nearly $180 million of debt, IPP proposes interim judicial management
Related: Inter-Pacific Group, Inter-Pacific Petroleum under judicial management
Related: Magnets on MFMs: “Consort Justice” crew pleads ‘not guilty’ to tampering charge
Related: IPP responds to temporary suspension of bunker craft operator licence
Related: MPA temporarily suspends IPP bunker craft operator licence
Related: Singapore: Bunker Cargo officer, crew face charges over alleged MFM tampering

Photo credit: Manifold Times
Published: 14 September, 2021

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Methanol

China: Cosco Shipping and bp to explore collaboration in methanol bunker fuel 

Duo signed a MoU in Shanghai to expand their scope of strategic cooperation into new areas including lubricant supply, methanol bunker fuel supply for bunkering and offshore wind supply chain.

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China: Cosco Shipping and bp to explore collaboration into methanol bunker fuel

Cosco Shipping on Thursday (7 December) said it has signed  a Memorandum of Understanding (MoU) with bp to expand their scope of strategic cooperation into new areas on 5 December in Shanghai.

“This includes Castrol Marine lubricants and hydrocarbons transportation, offshore equipment as well as exploring collaboration opportunities in areas such as methanol supply for bunkering and offshore wind supply chain,” Cosco said. 

“Together, both parties will further capitalize on the business advantages of both parties, enhance synergies, and achieve complementary advantages and common development.”

William Lin, bp Group Executive Vice President, and Lin Ji, Executive Vice President of COSCO SHIPPING, witnessed the signing. Simon Yang, bp Group Senior Vice President and bp China President, and Chen Wei, Deputy Head of the Operations Division of COSCO SHIPPING, signed the document on behalf of the two parties.

Cosco said bp has been operating in China since the early 1970s and is one of the leading foreign-invested companies in China’s energy industry. 

“bp and Cosco Shipping have a longstanding history of cooperation, including the transportation of energy products, offshore equipment manufacturing services, and the supply of marine fuels and lubricants,” it added. 

Photo credit: Cosco Shipping
Published: 11 December, 2023

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Methanol

Maersk to deploy first large methanol-powered vessel on Asia-Europe trade lane in 2024

Ship will enter service on the AE7 string connecting Asia and Europe, which includes port calls in Shanghai and Tanjung Pelepas in Malaysia, with Ningbo in China, being its first destination.

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Maersk to deploy first large methanol-powered vessel on Asia-Europe trade lane in 2024

A.P. Moller - Maersk (Maersk) on Thursday (7 December) said it was about to launch the first of its 18 large methanol-enabled vessels currently on order. 

On 9 February 2024, the ship will enter service on the AE7 string connecting Asia and Europe, which includes port calls in Shanghai, Tanjung Pelepas, Colombo and Hamburg, with Ningbo, China, being its first destination.

“The container vessel built by Hyundai Heavy Industries (HHI) in South Korea has a nominal capacity of 16,000 containers (TEU) and is equipped with a dual-fuel engine enabling operations on methanol as well as biodiesel and conventional bunker fuel,” the firm said. 

Maersk added it has secured sufficient green methanol to cover the vessel’s maiden voyage and continues to work diligently on 2024-25 sourcing solutions for its methanol-enabled vessel fleet.

“Deploying the first of our large methanol-enabled vessels on one of the world’s largest trade lanes, Asia - Europe, is a landmark in our journey towards our Net-Zero target. With the vessel’s capacity of 16,000 containers, this will make a significant impact in our customers’ efforts to decarbonise their supply chains, and we are looking forward to introducing more methanol-enabled vessels on this and other trades during 2024,” Karsten Kildahl Chief Commercial Officer at Maersk, said. 

Ahead of its deployment, the vessel will be named at the shipyard in end January 2024. The following two sister vessels will be deployed in the first half of 2024 with naming events taking place in Yokohama, Japan, and Los Angeles, USA. Maersk said it was expected to take delivery of four additional sister vessels in the second half of 2024.

At the time of deployment of the first large vessel, it will be the only second container vessel in the world that can sail on green methanol, the first being the feeder vessel Laura Maersk which entered service in September this year.

Overview of Maersk vessels on order

  • Maersk has 24 container vessels on order
  • All vessels currently on order will be equipped with dual-fuel engines and will be able to operate on green methanol
  • 12 of the vessels on order have a capacity of 16,000 TEU (Twenty-foot Equivalent Unit containers)
  • 6 of the vessels on order have a capacity of 17,000 TEU
  • 6 of the vessels on order have a capacity of 9,000 TEU
  • Since 2021, Maersk has had a policy of only ordering new vessels able to operate on green fuels

About Maersk’s AE7 service string

  • The AE7 string connects Asia and Europe through the Suez Canal
  • The AE7 string has the following port calls: Ningbo, Shanghai, Nansha, Yantian (all China), Tanjung Pelepas (Malaysia), Colombo (Sri Lanka), Port Tangiers (Morocco), Felixstowe (UK), Hamburg (Germany), Antwerp (Belgium), London Gateway (UK), Le Havre (France), Port Tangiers, Jeddah (Saudi Arabia), Abu Dhabi (UAE) and Jebel Ali (UAE)

Photo credit: A.P. Moller - Maersk
Published: 11 December, 2023

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VLSFO

ENGINE: Petrobras’ new bunker price mechanism adds to Brazil market shake-up

With a new pricing mechanism now in place since 1 November, Petrobras bunker prices can change anytime throughout the day and final prices will depend on enquiries, a source says.

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Seguro, Brazil by Gabriel Martins

Since Brazilian petroleum firm and bunker supplier Petrobras shifted from posted bunker prices to indicative prices, Santos’ VLSFO discounts to Brazilian and foreign ports have narrowed.

Petrobras started issuing indicative bunker prices for Brazilian ports on 1 November, shifting from its usual pricing mechanism of posted prices. These posted prices were mostly fixed in nature, and did not tend to change despite movements in underlying crude values.  

With a new pricing mechanism now in place, Petrobras bunker prices can change anytime throughout the day and final prices will depend on enquiries, a source says. The new pricing has been reflected in Brazilian bunker price dynamics.

Santos’ VLSFO price discount to Zona Comun’s VLSFO has come down from peak levels of $50/mt in September to around $35/mt in October and November and has further slid to just $4/mt.

VLSFO prices have also changed rapidly between Brazilian ports in recent weeks. Rio Grande’s VLSFO premium over Santos momentarily shrunk from nearly $40/mt in November to just $8/mt earlier this week, but then widened back to $42/mt.

Some argue that Petrobras decided to change the pricing mechanism because of the rise in competition in the Brazilian market. In recent months, several suppliers such as Ipiranga and Bunker One have expanded their Brazilian bunker operations, offering new grades and entering new ports in Brazil. Raizen also started VLSFO supply in the port of Itaqui and São Luiz in July this year.

Another source says that competition is mostly between Brazilian ports - as opposed to with foreign ports. Ships calling in Brazil will be able to pick and choose bunker-only ports with the best offers. Meanwhile, those vessels calling in Argentina will ideally pick bunkers from Zona Comun rather than Brazilian ports, the source adds.

By Nithin Chandran

Source: ENGINE
Photo credit: Gabriel Martins on Unsplash
Published: 11 December, 2023

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