Connect with us

Business

USD $1.49 million bunker credit sleeving dispute between Goodwood and Southernpec reaches conclusion

Universal Alliance, BMS United, Digiland International, Goodwood Associates, Southernpec (Singapore), and Taigu Energy were involved in alleged circular fictitious trades of fuel oil during July 2015.

Admin

Published

on

Singapore-based Target Ship Management under winding up order

A High Court of the Republic of Singapore Judge on 5 November issued a reserved judgement over a bunker credit sleeving dispute between Goodwood Associates Pte Ltd (Goodwood), Southernpec (Singapore) Pte Ltd (SPPL), Southernpec (Singapore) Shipping Pte Ltd (SPSPL) and other individuals, according to a court document seen by Singapore bunker publication Manifold Times.

Summary

Singapore-based petrochemical wholesale company Goodwood was involved in a credit sleeve operation with several parties in July 2015, where it received a margin of USD 3 per metric tonne (mt) for its intermediary role to facilitate the sales of fuel oil between BMS United Bunkers (Asia) Pte Ltd (BMS) and SPPL.

July Arrangements

Source: High Court of the Republic of Singapore

The transactions for 2,000 metric tonnes (mt) and 1,200 mt of fuel oil were supported by intertank transfer (ITT) certificates and cargo release notices (CRNs).

The Scheme was intended to comprise a circular chain of “back-to-back sales” of non-existent “fuel oil” from one entity in the chain to another lower down the chain, wrote Justice Hoo Sheau Peng.

To start the chain, BMS would provide actual funds to Universal Alliance Limited (UA), another oil trading company, which would then use the funds to make payment to the next fictitious “sub-seller” above it in the chain for an ostensible purchase of fictitious fuel oil, until the funds found their way back to BMS.

According to the view of SPPL’s Fuel Oil Trading Manager Jason Wu Jian Cai (Mr Wu), another motive of the circular fictitious “paper” deals in fuel oil was purportedly to help improve Goodwood’s revenue figures.

“Mr Wu brought the matter up to Mr Xu, who agreed to do so. This was because Mr Xu and Mr Wu had enjoyed a good working relationship with Mr Lee, Mr Lim and Dr Goh Jin Han (Dr Goh), the director and chief executive officer of Digiland, when the latter three were involved with another oil trading company IAG-Pacific Petroleum Pte Ltd.,” stated the court document, reflecting Mr Wu’s account of the alleged operation.

“To that end, Mr Lim came up with a scheme involving a circular series of fictitious trades (the Scheme) with BMS on board. In particular, Mr Lim introduced Mr Mohammad Arif bin Abdol Rahman (Mr Arif), a BMS bunker oil trader, who, according to Mr Wu, would “handle day-to-day running of the Scheme for BMS” with the blessing of his superior, Mr George Markos Kounalakis (Mr Kounalakis), the managing director of BMS.”

Dispute

Issues arose for the July contracts when UA defaulted on its payment to Taigu, which in turn did not pay SPPL; leading to SPPL’s default on its payment obligations to Goodwood.

As such, Goodwood launched a claim against purchaser SPPL for the two July fuel oil sales contracts; it is also claiming against SPSPL which is the guarantor of SPPL for the similar sales contracts.

Goodwood’s case was it had duly performed its obligations under the July Contracts as it relied on the ITT certificates and CRNs as supporting evidence for the transaction.

In response, both SPPL and SPSPL denied liability and claimed the two fuel oil sales contracts were shams; they issued a counterclaim against Goodwood and its associates on the grounds they were making legal claims on the false premise that the July Contracts were genuine.

Southernpec asserts the July Contracts are not enforceable due to them being “sham transactions supported by sham documents” and thus not being subjected to any legal effects.

SPSPL on November 2017 further introduced counterclaims against Goodwood and its associates for lawful and unlawful means conspiracy.

Goodwood on October 2018 started a counterclaim against SPPL for the purchase price based on the July Contracts.

Conclusion

In summary, Justice Hoo concluded the July contracts were not shams and dismissed SPPL’s and SPSPL’s claims based on the tort of conspiracy to injure and decided both were liable to Goodwood under the July Contracts and the SPSPL Guarantee respectively.

“Judgment is granted to Goodwood against SPPL and SPSPL in the sum of US$1,491,669.26 for the invoiced amounts under the July Contracts,” she stated.

“Contractual interest is awarded at the rate of 5.1885% per annum on US$932,177.08 from 30 July 2015 to the date of payment, and at the rate of 5.19075% per annum on US$559,492.18 from 4 August 2015 to the date of payment.”

Note: Full details of the 73-page judgement, including names of all staff involved and further details of the alleged credit sleeving operations, can be found on the original document available from the High Court website here.

 

Photo credit: Manifold Times
Published: 24 November, 2020

Continue Reading

Milestone

Singapore retains titles as Best Global Seaport and Best Seaport in Asia

Port of Singapore has been named the “Best Global Seaport” for the third consecutive year and the “Best Seaport in Asia” for the 35th time at the 2023 AFLAS Awards.

Admin

Published

on

By

Singapore retains titles as Best Global Seaport and Best Seaport in Asia

The Maritime and Port Authority of Singapore on Friday (29 September) said the Port of Singapore has been named the “Best Global Seaport” for the third consecutive year and the “Best Seaport in Asia” for the 35th time at the 2023 Asian Freight, Logistics and Supply Chain (AFLAS) Awards.

These accolades recognise the contributions by the Port of Singapore serving as a key node in the global supply chain, and Singapore’s leadership in driving maritime decarbonisation and transformation.

The annual AFLAS Awards is organised by freight and logistics publication, Asia Cargo News, to honour leading service providers in the supply chain community for demonstrating leadership as well as consistency in service quality, innovation, customer relationship management and reliability. Winners were determined by votes cast by readers of the publication.

singapore best seaport 2

Mr Chee Hong Tat, Acting Minister for Transport and Senior Minister of State for Finance, said: “Singapore is honoured to be named the Best Global Seaport and Best Seaport in Asia. These awards are the result of the shared effort and strong collaboration between the Government, industry, unions and workers. We will continue to grow our port as an efficient, sustainable, and trusted node in global supply chains.”

Mr Teo Eng Dih, Chief Executive of MPA, said: “These awards are testament to the partnership and collaboration between Maritime and Port Authority of Singapore (MPA) with industry and international partners, the research and enterprise community, as well as unions. MPA remains committed to fostering an environment that encourages enterprise, innovation, and talent development.”

“We will continue to work with our partners to enhance Singapore’s connectivity, advance digitalisation efforts, and accelerate the decarbonisation of international shipping in line with the 2023 IMO strategy on reduction of GHG emissions from ships.”

Photo credit: Maritime and Port Authority of Singapore 
Published: 29 September, 2023

Continue Reading

Employment

Melvin Lum appointed as KPI OceanConnect Global Accounts Commercial Director in Singapore 

Lum will take on the position of Commercial Director from Thomas Lee who was recently promoted to Head of APAC in a management restructure within KPI OceanConnect.

Admin

Published

on

By

Melvin Lum appointed as KPI OceanConnect Global Account Commercial Director in Singapore

Global marine energy solutions provider KPI OceanConnect on Thursday (28 September) announced the appointment of Melvin Lum as Commercial Director for its Global Accounts team in Singapore.

Lum will take on the position of Commercial Director from Thomas Lee who was recently promoted to Head of APAC in a management restructure within KPI OceanConnect. 

The Global Accounts team is an expert unit within KPI OceanConnect, specialised in providing long-term, tailored fuel strategy solutions to a portfolio of Key Accounts on a global scale. Dedicated regional teams located in London, Houston and Singapore work seamlessly across the world and around the clock to support their clients.

Lum joined KPI OceanConnect in 2021 as Senior Key Account manager and has made a significant contribution to the development of the team and optimisation of the daily operations of the unit in Singapore. Lum has vast experience across the supply chain and previously worked with TotalEnergies, Glencore and Global Energy Group prior to joining KPI OceanConnect.

Henrik Zederkof, Head of Global Accounts at KPI OceanConnect, said: "It is always a pleasure to witness the growth of our team members, and Melvin's progression is no exception. I have full confidence in Melvin's expertise, ability to lead the unit and dedication to his team. I look forward to seeing the progress of Melvin and his team, which will undoubtedly bring significant value to our numerous partners and the wider organisation.”

"Melvin will assume a pivotal role within the Global Accounts management team, leveraging his extensive experience in supply chain management and profound insight into emerging technologies. In his new role, Melvin will further enhance our team's skill set, aligning them with our ongoing objectives of supporting our partners in their green transition and digitalisation endeavours."

Melvin Lum, Commercial Director of KPI OceanConnect Global Accounts in Singapore, said: "I am very appreciative of the support and confidence from our management team as I take on this exciting new role. I am enthusiastic to work with the team as we continue to deliver an exceptional experience to our partners and stakeholders with dedication, innovation and passion."

Photo credit: KPI OceanConnect 
Published: 29 September, 2023

Continue Reading

Biofuel

TotalEnergies Marine Fuels renews ISCC EU certification for bio bunker fuel  

Firm’s operations teams in Singapore and Geneva successfully renewed its ISCC EU sustainability certification for the supply of biofuel bunkers, says Louise Tricoire, Vice President.

Admin

Published

on

By

TotalEnergies Marine Fuels renews ISCC EU certification for bio bunker fuel

Louise Tricoire, Vice President of TotalEnergies Marine Fuels recently said the firm’s operations teams in Singapore and Geneva successfully renewed its International Sustainability and Carbon Certification (ISCC) EU sustainability certification for the supply of biofuel bunkers.

“This means that TotalEnergies Marine Fuels can continue sourcing and supplying marine biofuels in accordance with EU renewable energy regulations ensuring the highest sustainability standards,” she said in a social media. 

“It's the third year in a row that we have successfully renewed this certification, after a deep and comprehensive audit which showed zero non-conformity.”

She added marine biofuels have grown in demand among shipping companies that want to cut greenhouse gas emissions immediately. 

“TotalEnergies Marine Fuels offers marine biofuels commercially in Singapore and we are starting in Europe. This certification enables us to accompany our customers in their decarbonisation journey with the best standard solutions available today.”

Photo credit: TotalEnergies Marine Fuels
Published: 29 September, 2023

Continue Reading
Advertisement

OUR INDUSTRY PARTNERS



Trending