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Bunker Claim

Malaysia: Update on ING Bank, O.W. Bunker legal suit against bunkering firm TMD

TMD solicitors informed Straits Energy Resources that the Federal Court had given several directions in the case management held on 5 February including a hearing on 30 May 2024.

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RESIZED Straits Energy Resources Berhad

Bunkering firm Tumpuan Megah Development Sdn Bhd (TMD), the subsidiary of Malaysia-listed Straits Energy Resources (SER), on Wednesday (7 February) provided an update on its legal suit involving ING Bank N.V and O.W. Bunker Far East (Singapore) Pte Ltd.

SER is defending against a USD 937,000 bunker claim from ING Bank and O.W. Bunker Far East. 

According to SER in 2021, previously known as Straits Inter Logistics, ING and O.W. Bunker alleged that between 17 October 2014 and 29 October 2014, TMD and O.W. Bunker Singapore entered into contracts both made “orally or by yahoo messenger” whereby O.W. Bunker Singapore agreed to supply and/ or sell to TMD 423.73 metric tonnes (mt) of gas oil at a price of USD 753 per mt for delivery at the port of Pasir Gudang and 794.915 MT of gas oil at a price of USD775.50 per mt for delivery at the port of Kuantan respectively.

In the latest filing on Bursa Malaysia, SER noted TMD solicitors on 6 February informed SER that the Federal Court, the highest court and the final appellate court in Malaysia, had given the following directions in the case management held on 5 February:

  1. written submissions, common core bundle and executive summary (if necessary) to be filed by 15 May 2024;
  2. a case management on 16 May 2024 to monitor the filing of documents for the hearing on 16 May 2024;
  3. hearing on 30 May 2024.

TMD’s solicitors had also informed Straits Energy Resources that a case management has been fixed on 20 February to fix a hearing date for an application to stay the proceedings in the High Court pending the decision of Federal Court.

TMD was acquired by Malaysia-listed Straits Inter Logistics for RM35.75 million in June 2018. Straits Inter Logistics Berhad in August 2021 changed its company name to Straits Energy Resources Berhad.

Manifold Times in November 2023 reported the legal trial between ING Bank N.V and O.W. Bunker Far East (Singapore) Pte Ltd against TMD was scheduled to take place at the High Court of Malaya, Kuala Lumpur on 5 December 2023.

Related: Malaysia: ING Bank, O.W. Bunker legal suit against TMD to be heard in early December
Related: Straits Inter Logistics to contest USD 937,000 claim from ING Bank and O.W. Bunker Far East
Related: Straits Inter Logistics files application to set aside ING Bank & O.W. Bunker Far East claim
Related: Straits Inter Logistics to acquire Tumpuan Megah Development for RM35.75 million
Related: Straits Inter Logistics undergoes name change to Straits Energy Resources

 

Photo credit: Straits Energy Resources Berhad
Published: 14 February, 2024

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Bunker Fuel Quality

Fuel quality issues drive 50% rise in bunker claims, says Gard

Gard says bunker-related claims increased significantly in between January and May 2026, with over 70 cases recorded – a 50% rise compared to 2025 and notes that most claims involve fuel quality.

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RESIZED Shaah Shahidh on Unsplash

Maritime protection and indemnity (P&I) club Gard on Friday (19 June) released a report on practical observations from recent cases of bunker-related claims, highlighting recurring challenges and essential considerations for managing fuel quality issues effectively:

Key findings

  • Sharp rise in bunker claims and geopolitics: Bunker-related claims increased significantly in early 2026, with over 70 cases recorded – a 50% rise compared to 2025. Most claims involved fuel quality, with a noticeable uptick following the escalation of the Middle East conflict.
  • Global risk profile with concentration driven by supply volumes: Bunker quality incidents were recorded worldwide, reflecting a broadly dispersed and global risk environment rather than a localized issue. Higher numbers of claims at major hubs such as Singapore, Houston, and ARA mainly reflect their large bunkering volumes
  • VLSFO remains the primary source of claims: Very Low Sulphur Fuel Oil (VLSFO) accounts for the vast majority of bunker quality claims. Its complex blended nature increases the likelihood of variability and contamination, making it more prone to quality issues. This reinforces that VLSFO continues to be the key technical risk area in marine fuel usage.
  • ISO 8217 compliance does not guarantee fuel suitability: A significant proportion of cases involved fuels that met ISO 8217 Table 2 parameters but still caused operational issues and damage to machinery. This underscores the growing importance of Clause 5, which focuses on whether fuel is fit for use and free from harmful substances. Standard testing alone is often insufficient, requiring more advanced analysis to identify problematic contaminants.
  • Claims are driven by both technical and contractual challenges: Bunker disputes are often complex due to misaligned contractual relationships between owners, charterers, and suppliers. Issues related to binding sample, parameter(s) to be tested, time bars and evidentiary requirements frequently complicate claims resolution.
  • Operational impact is often underestimated compared to headline casualties: While no major casualties were directly linked to poor fuel in this dataset, several vessels were disabled or required towage. These incidents can create high exposure when occurring in congested or coastal waters. The absence of catastrophic outcomes should not obscure the underlying operational risk.

This report draws on Gard’s claims data from the first five months of 2026, with additional data contributions from VPS.

Note: The full report titled ‘Beyond Specification: Bunker claims insights in early 2026’ can be found here

 

Photo credit: Shaah Shahidh on Unsplash
Published: 22 June, 2026

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Legal

Singapore: China Merchants Bank accuses fraud against Sinfeng Marine Services in USD 9.2 million bunker claim

Singapore branch of CMB pursuing claim against Sinfeng, alleging deceit and misrepresentation linked to trade financing extended to defunct bunker supplier Coastal Oil Singapore.

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Singapore High Court

China Merchants Bank Co., Ltd. (CMB), the Singapore branch of a bank incorporated in the People’s Republic of China, continues to build its case over a USD 9.2 million (exact: USD 9,239,459.80) bunker-related claim against Singapore-based Sinfeng Marine Services Pte. Ltd. (Sinfeng), according to a statement of claim dated March 2026 reviewed by Manifold Times.

After successfully obtaining ‘pre-action discovery’ of additional documents in 2021, CMB in 2024 started a legal suit against Sinfeng over allegations of deceit and misrepresentation, according to documents obtained from the Supreme Court.

CMB’s claim against Sinfeng stems from trade financing facilities extended to defunct Singapore bunker supplier Coastal Oil Singapore Pte Ltd (COS), which entered liquidation on 13 December 2018 after allegedly owing a total of USD 380 million to at least 10 financial institutions.

BACKGROUND

On 16 June 2017, CMB granted COS an uncommitted Export Invoicing Facility of USD 10 million (the Facility) to provide trade financing for COS’s export invoices relating to fuel oil and oil products sold to Sinfeng and/or its related company, Cosco Petroleum Pte Ltd.

On 29 October 2018, CMB received a drawdown notice from COS requesting use of the Facility to support the sale of 25,000 metric tonnes (+/- 5%) of Fuel Oil 380 CST or 500 CST, said to have been made between COS and Sinfeng on or about 26 September 2018 under contract TGS/1809-034.

The receiving vessels identified for the bunkering operation, allegedly conducted from 30 to 31 October 2018 at OPL Malaysia, were the KAZIMAH III, GREEK WARRIOR, GLORIC, WEDYAN and SKOPELOS.

CONTRACT TGS/1809-34 MISSING, BUT LATER FOUND

Following COS’s liquidation, CMB notified COS on 14 December 2018 the USD 10 million Facility had been cancelled and terminated with immediate effect, and demanded immediate repayment of all sums due, owing or payable under the Facility.

On the same day, representatives of the bank visited Sinfeng’s office, where they were told that contract reference number TGS/1809-34 between COS and Sinfeng could not be located.

However, on 16 January 2019, CMB’s lawyers learned from a Sinfeng representative that the Defendant had entered into a sale contract with COS on or around 26 September 2018 under the same reference number, TGS/1809-34, but on different contractual terms.

The Sinfeng representative further stated that the company had paid COS in full for the supplies allegedly made under TGS/1809-34 and that the bunkering operation had been duly performed.

ALLEGED BUNKERING OPERATIONS DID NOT TAKE PLACE

Contrary to Sinfeng’s assertion bunkering operations took place from 30 to 31 October 2018 at OPL Malaysia, records from a maritime database providing vessel-tracking information indicated otherwise:

  • The KAZIMAH III was in the Middle East on or around 30 to 31 October 2018 and not in Malaysia.
  • The GREEK WARRIOR was reported to have been broken up on or about 9 June 2013 and hence was no longer in existence.
  • The GLORIC was reported to have been broken up on or about 1 October 1984 and hence was no longer in existence.
  • The WEDYAN was in India on or around 30 to 31 October 2018 and not in Malaysia.
  • There were two vessels named SKOPELOS but neither of them was in Malaysia on or around 30 to 31 October 2018. One of them was transiting from India to Nigeria and another was transiting from the United States of America to Venezuela.

REQUEST FOR ‘PRE-ACTION DISCOVERY’ OF DOCUMENTS

Following earlier legal proceedings initiated on 4 October 2019, 29 June 2020, and 9 October 2020 seeking pre-action discovery against Sinfeng, the court ultimately ordered Sinfeng on 11 January 2021 to provide additional documents to CMB.

CMB investigators initially sought documents including email correspondence, invoices, bunker delivery notes and purchase nominations that would show the bunker supply purportedly took place via the receiving vessels on or around 30 to 31 October 2018 at OPL Malaysia, but were unable to do so because the bunkering operations allegedly did not occur.

According to court documents, additional disclosures showed the following:

The documents disclosed by the Defendant also reflected that the purported CIA Contract had not been negotiated or entered into or made on or around 26 September 2018 (or at all) and the Defendant had not executed the Acknowledgment of Notice on or around 30 September 2018.

Instead, the documents disclosed showed that COS had only sent an incomplete copy of the purported CIA Contract dated 26 September 2018 (without Annexure 1 and/or Schedule 1 thereto) to the Defendant on or around 26 October 2018 (i.e. one working day prior to the 29 Oct 2018 Meeting), and the Defendant did not execute the same.

COS had also only sent the Acknowledgment of Notice to the Defendant on or around 26 October 2018, and had done so without providing the Defendant with the Notice of Assignment.

CONSPIRACY AND/OR TORTFEASOR SHIP BY COMMON DESIGN

CMB further alleged Sinfeng and COS conspired to carry out trading loops to induce the bank to extend funds to COS and permit drawdowns under the USD 10 million Facility.

Amongst other allegations, CMB claims: “The Defendant assisted in such deceit and/or fraudulent misrepresentation by COS when it signed and returned the Acknowledgment of Notice and/or by its conduct at the 29 Oct 2018 Meeting where it counter-signed a copy of the same.”

Accordingly, on 14 December 2018, the bank set off USD 99,046.98 from COS’s account held with CMB. On 7 January 2019, the bank filed a proof of debt with the liquidators for USD 9,872,705.86, plus interest. On or around 8 August 2024, the bank received SGD 819,653.24 (approximately USD 597,850.65) from distributions made in COS’s liquidation.

Taking into account the matters above and the distributions received, the bank says it has suffered loss and damage of at least USD 9,239,459.87.

A chronological overview of the developments leading to the current case has been compiled by Singapore bunker publication Manifold Times below:

Related: DBS Hong Kong building case against Sinfeng over alleged ‘fraudulent misrepresentation and/or conspiracy’
RelatedSinfeng Marine wins appeal to withhold additional documents from Coastal Oil liquidators
Related: Sinfeng appeals against release of Coastal Oil contract docs; China Merchants Bank suspects fraud
Related: Former CFO of defunct bunkering firm Coastal Oil Singapore receives nine-year jail sentence
Related: Former Coastal Oil CFO admits to defrauding eight banks of USD 320 million in loans
RelatedSingapore: Former Coastal Oil employees face forgery charges over fake sales contracts
RelatedCoastal Oil hearings progress, court grants liquidators access to Sinfeng documents
RelatedChina Merchants Bank legal suit with Sinfeng over alleged $13 million debt progresses
RelatedFraud suspected in Coastal Oil Singapore case, says COSCO
RelatedCoastal Logistics owned “Atalanta”, “Babylon” to undergo auction
RelatedSingapore: Bunker tanker “Coastal Mercury” arrested
RelatedHeng Tong Fuels & Shipping in court over DBS Bank bunker tanker loan
RelatedCoastal Logistics owned MR tanker “Babylon” arrested
RelatedFraud suspected in Coastal Oil Singapore case, says COSCO
RelatedCoastal Oil Singapore: Creditor list surfaces in bunker market
RelatedSingapore: Bunker tanker “Coastal Neptune” arrested
RelatedCoastal Oil Singapore creditors meeting scheduled on 10 Jan
RelatedCoastal Oil Singapore in US $380 million debt to at least 10 banks
RelatedSingapore: Coastal Logistics owned MR tanker “Atalanta” arrested
RelatedHeng Tong Fuels & Shipping, Coastal Logistics tankers enter S&P market
RelatedCoastal Oil Singapore to hold creditors meeting on 28 Dec
RelatedBreaking news: Coastal Oil Singapore under liquidation

 

Photo credit: Manifold Times
Published: 8 June 2026

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Winding up

Singapore: Victory Shipping aiming to set aside bankruptcy court process from Integr8 Fuels

Integr8 Fuels lawyers served a statutory demand against Victory Shipping under Section 125(2)(c) and Section 10 of the IRDA 2018 act on 3 October 2025.

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A virtual hearing between Victory Shipping Pte Ltd (UEN 201117370M) and Integr8 Fuels Pte Ltd (UEN 202042378N), organised by the High Court of the Republic of Singapore, is scheduled to take place on Tuesday (14 November), learned Manifold Times.

The event is to set aside a statutory demand served on 3 October 2025 by Integr8 Fuels lawyers under Section 125(2)(c) and Section 10 of the Insolvency, Restructuring and Dissolution Act 2018 (IRDA) against Victory Shipping, according to court documents obtained by the bunkering publication.

Under Singapore Statutes Online, Section 125(2)(c) provides “a company is deemed unable to pay its debts if it is proved to the satisfaction of the Court that the company is unable to pay its debts; and in determining whether a company is unable to pay its debts the Court must take into account the contingent and prospective liabilities of the company,”

Section 10 of Singapore’s IRDA deals with the procedure to be followed when no specific procedure is provided for a matter. It states that where the IRDA does not specify a procedure, the court may adopt any procedure it considers appropriate. This is a general provision that grants courts the flexibility to manage proceedings that fall outside the specific rules laid out in the Act.

Victory Shipping, with representations in Malaysia, India and the U.A.E., operate dry bulk shipping contracts around the globe with voyages performed mainly in the Middle East and Southeast Asia.

Integr8 Fuels provides bunker trading and brokerage services to shipowners and operators that enables them to optimise fuel procurement.

 

Photo credit: Manifold Times
Published: 3 November 2025

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