Toptip Holding Pte Ltd v Mercuria Energy Trading Pte Ltd and Another (The “Pan Gold”) – Court of Appeal (Sundaresh Menon CJ, Andrew Phang Boon Leong and Judith Prakash JJA) SGCA 64 – 23 November 2017

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REPUDIATORY BREACH – CHARTER PARTY – EXISTENCE OF A COMPLETED CONTRACT – PRO FORMA CHARTER PARTY – COURT OF APPEAL The claimant charterer filed damages against defendant disponent owner for repudiatory breach of a charter party. The defendant argued that the presence of a Subject Review clause implied no formal contract existed. [dropcap]T[/dropcap]optip Holding Pte Ltd (hereinafter, “Toptip”) as charterer claimed damages against Mercuria Energy Trading Pte Ltd (hereinafter, “Mercuria”) as disponent owner for repudiatory breach of a charter party. Toptip claimed for the difference in freight rate between the charter party with Mercuria and the substitute charter party. The...
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