The Bunga Melati 5 – The Saga Ends

The saga began when Equatorial Marine Fuel Management Services Pte Ltd (the "Plaintiff") commenced an in rem action against the Bunga Melati 5 which was a ship belonging to MISC Berhad (the "Defendant"). The Defendant responded by applying to strike out the writ of summons. The application first came before an Assistant Registrar who agreed with the Defendant and struck out the writ of summons on the basis that (i) the court lacked admiralty jurisdiction and (ii) that the Plaintiff's claims were plainly and obviously unsustainable. The Plaintiff appealed to a judge in chambers who, however, agreed that the Plaintiff's claims were plainly and obviously unsustainable and therefore dismissed the Plaintiff's appeal. The Plaintiff appealed further to the Court of Appeal which decided that the Plaintiff's main argument (i.e. that the Defendant was the party liable to the Plaintiff under the doctrine of agency by estoppel) was not so factually or legally unsustainable that