Trafigura Maritime Logistics PTE Ltd v Clearlake Shipping PTE Ltd [2020] EWHC 726 (Comm) (26 March 2020)

Trafigura Maritime Logistics PTE Ltd v Clearlake Shipping PTE Ltd [2020] EWHC 726 (Comm) (26 March 2020)

The Defendant, by virtue of the Addendum and its conduct in requesting and invoking the indemnity, is contractually obliged under clause 33(6) of the Charterparty to provide security for the release of the vessel. The requirement for a separate LOI was waived or satisfied by conduct, and the indemnity is enforceable...

Source-derived case information.

Citation
[2020] EWHC 726 (Comm)
Parties
Claimant/applicant: Trafigura Maritime Logistics Pte Ltd; Defendant/respondent: Clearlake Shipping Pte Ltd
Jurisdiction
England and Wales
Judgment Date
26 March 2020
Procedural Posture
Commercial Court Application for Urgent Mandatory Injunction / Interlocutory (application for Urgent Mandatory Injunction)
Outcome
Injunction granted
Legal Topics
Charterparty Indemnities, Mandatory Injunctions, Letters of Indemnity, Ship Arrest and Release, Urgent Interim Relief
Commercial Law Maritime Law Charterparty Indemnities Mandatory Injunctions Letters of Indemnity Ship Arrest and Release Urgent Interim Relief

Source-derived case record

Summary, issues, holding and outcome

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Parties

Trafigura Maritime Logistics Pte Ltd

Claimant/applicant

Clearlake Shipping Pte Ltd

Defendant/respondent

Procedural Posture

Commercial Court Application for Urgent Mandatory Injunction / Interlocutory (application for Urgent Mandatory Injunction)

Legal Issues

  1. 1 Whether the Defendant is contractually obliged to provide security for the release of the vessel under clause 33(6) of the Charterparty
  2. 2 Whether the indemnity under clause 33(6) is enforceable without a separate LOI
  3. 3 Whether the Addendum retrospectively transferred obligations to the Defendant

Ratio Decidendi

The Defendant, by virtue of the Addendum and its conduct in requesting and invoking the indemnity, is contractually obliged under clause 33(6) of the Charterparty to provide security for the release of the vessel. The requirement for a separate LOI was waived or satisfied by conduct, and the indemnity is enforceable without a separate document. Damages would not be an adequate remedy and urgent mandatory relief is justified.

Court Disposition

Injunction granted

Orders

  • Defendant to provide security to Natixis to secure the release of the vessel Miracle Hope
  • Defendant to supply funds to head owners to defend any proceedings brought by Natixis in connection with the delivery of the cargo, upon demand