Legal

Too late: Legal effect of ‘no lien’ stamp on BDN after bunker contract

This was a lawyer’s response to a question posted by an audience member at the Singapore-held IBIA Annual Convention 2017.

Published

6 years ago

December 4, 2017

Admin

Having a ‘no lien’ stamp printed on a bunker delivery note (BDN) by itself does not protect the owners as it is ‘too late’ for any legal effect in the event of the buyer’s insolvency, says the Senior Partner at Singapore-based law firm JosephtanJudeBenny (JTJB).

Danny Chua was responding to a delegate question at IBIA Annual Convention 2017 which enquired of the payment due to a bunker supplier in the event the charterer [buyer] becoming liquidated.

The scenario revolved around bunkers being purchased by the charterer and delivered a few days later, with the vessel stamping ‘no lien’ on the BDN on behalf of the vessel owner.

‘The legal effect of a no lien stamp frankly comes too late after the contract because at the time the contract is made it will probably be through the exchange of emails and the final fixture,’ Chua explained.

‘That will be the point at which the contract will have a reason [to exist] and by the time this stamp is placed, possibly by the Chief Engineer on board, it will have come way too late from the day the contract is made.’

In any case assuming the insolvent bunker buyers are time charterers of the vessel, the vessel itself will also not be liable for bunker claims, notes Chua.

‘Bunker suppliers can only go after the insolvent time charterers but not against the end purchasers unless in jurisdictions that allow a maritime lien on supplies which is not the case here in Singapore, Malaysia, Hong Kong and the UK,’ he says.

Chua specialises in Shipping & Admiralty Law and was involved in the (Precious Shipping Public Co Ltd and others v. OW Bunker Far East (Singapore) Pte Ltd and others and other matters [2015] 4 SLR 1229) case.

Business

Liberia-flagged bulker “Eleen Armonia” placed under Sheriff’s arrest

Ship was added to list of vessels under Sheriff’s arrest in Singapore’s court system and it is currently held at Eastern Bunkering Anchorage; arrest was made on behalf of Allen & Gledhill LLP.

Published

4 days ago

December 7, 2023

Admin

Liberia-flagged bulk carrier Eleen Armonia was arrested in Singapore waters on Monday (4 December).

The 55,522 DWT vessel was added to the list of vessels under Sheriff’s arrest in Singapore’s court system.

According to the list, the vessel was arrested at 12.25pm and the arresting solicitor listed was law firm Allen & Gledhill LLP. The ship is currently held at the Eastern Bunkering Anchorage.

No details regarding the reason behind the arrest were provided in the list.

Photo credit: Manifold Times
Published: 7 December, 2023

Crime

Malaysia: MMEA detains three vessels for illegal anchoring in East Johor waters

Vessels, including those registered in Barbados and Copenhagen, were detained on 4 December and captains of ships had failed to present any document of authorisation to anchor in Malaysian waters.

Published

5 days ago

December 6, 2023

Admin

Malaysia: MMEA detains three vessels for illegal anchoring in East Johor waters

The Malaysian Maritime Enforcement Agency (MMEA) on Tuesday (5 December) said three vessels have been detained for illegally anchoring in East Johor waters on 4 December.

MMEA Tanjung Sedili Zone acting director Maritime Cmdr Mohd Najib Sam said the first ship, registered in Port Klang, was detained by a patrol boat at 11.30 am at 19.8 nautical miles east of Tanjung Sedili Kechil.

The second ship, registered at Bridgetown in Barbados, anchored at 11.30am at 18.1 nautical miles northeast of Tanjung Penawar.

And the third ship, registered at Copenhagen, was detained by a MMEA patrol vessel at 5.30pm at 21.5 nautical miles east of Tanjung Balau.

Najib said all captains of the ships had failed to present any document of authorisation to anchor in Malaysian waters and the case will be investigated under Section 491B(1)(L) Merchant Shipping Ordinance 1952.

He added that the detention of all three ships has brought the total number of ships detained for the same offence so far this year to 86.

Photo credit: Malaysian Maritime Enforcement Agency
Published: 6 December, 2023

Winding up

Singapore: Annual general meetings set for Hua Sheng Shipping Pte Ltd

Creditors to receive an update on the liquidation of the firms, and to receive an account of the liquidators’ acts and dealings, and of the conduct of winding up.

Published

6 days ago

December 4, 2023

Admin

An annual general meeting for Hua Sheng Shipping Pte Ltd will be held via electronic means on 14 December 2023, according to a notice on the Government Gazette on Thursday (30 November).

The agenda of the meetings for the creditors (2pm) and contributories (11am) for the following purposes:

To receive an update on the liquidation.
To receive an account of the Liquidators’ acts and dealings, and of the conduct of the winding up

The following are the details of the liquidator of the company:

Ho May Kee
Liquidator
c/o 8 Marina View
#40-04/05 Asia Square Tower 1
Singapore 018960

Manifold Times previously reported several notices were published on the Goverment Gazette regarding the annual general meetings held electronically for Hua Sheng Shipping Pte Ltd, Nan Zhou Maritime (Pte) Ltd and Xin Sheng Shipping (Pte) Ltd.

Photo credit: Benjamin child
Published: 4 December, 2023