Asia/Pacific News
$1.7 Million Singapore Bunker Dispute Falls into Legal Grey Area
A near $1.7 Million Singapore bunker dispute has fallen into a legal grey area following an appeal over a $1 million payment attached as a condition to a stay of execution order.
Plaintiff Viet Hai Petroleum Corporation (Viet Hai) had taken action against Ng Jun Quan and Muhammad Sheia'Rulislam bin Shazali who, at the time, were partners in Singapore trader WE Bunker.
Viet Hai says that it paid $4,785,000 to WE Bunker in April 2012 for four stems, but received just two worth a collective $1,544,126, leaving a balance owing of $1,690,874 - the amount for which Viet Hai was now claiming.
The defendants submitted they had no case to answer, something Judicial Commissioner Chua Lee Ming described as a "high-risk strategy" and one that ultimately failed, judging for the plaintiff while also awarding costs of $80,000 plus reasonable disbursements.
In January, the defendants appealed the decision, filing a stay of execution on grounds that Viet Hai had threatened bankruptcy proceedings, and that it was a foreign company unregistered in Singapore that appears to conduct its business "in a manner that is highly questionable and unreliable."
The stay of execution was granted on condition that the defendants pay $1 million into court - a decision which they appealed.
Court documents filed last week show that appeal has now fallen into a legal grey area.
'It is clear that if I had refused to grant a stay outright, the defendants would not have had to file an appeal but could make a fresh application to the Court of Appeal," Chua Lee Ming wrote.
"Should an applicant who is dissatisfied with the grant of a conditional
stay file an appeal or make a fresh application to the Court of Appeal?
"This issue does not seem to have been decided by our courts."
The matter has been referred to the Court of Appeal for guidance.
