Regulus Ship Services PTE Ltd v Lundin Services BV & Anor

Regulus Ship Services PTE Ltd v Lundin Services BV & Anor

Lundin breached its obligation to provide IKDAM in light ballast condition, but Regulus failed to prove causation of delay or loss. Regulus repudiated the Towcon by its email of 23 March 2013, which Lundin accepted, entitling Lundin to damages for alternative towage costs. No collateral warranty or implied speed term existed. Regulus not entitled to delay payments or final lump sum.

Parties
Claimant: Regulus Ship Services Pte Ltd; First Defendant: Lundin Services BV; Second Defendant: Ikdam Production SA
Jurisdiction
England and Wales
Judgment Date
27 October 2016
Procedural Posture
Commercial Contract Dispute / Final Judgment After Trial
Outcome
Judgment for Lundin on counterclaim; Regulus's claims dismissed except nominal damages.
Legal Topics
Towage Contracts, Ballast Condition, Repudiation, Delay Payments, Lien, Jurisdiction Clauses
Contract Law Maritime Law Towage Contracts Ballast Condition Repudiation Delay Payments Lien Jurisdiction Clauses

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Parties

Regulus Ship Services Pte Ltd

Claimant

Lundin Services BV

First Defendant

Ikdam Production SA

Second Defendant

Procedural Posture

Commercial Contract Dispute / Final Judgment After Trial

Legal Issues

  1. 1 Meaning of 'light ballast condition' under Towcon
  2. 2 Whether IKDAM was provided in light ballast condition
  3. 3 Causation of delay and damages

Ratio Decidendi

Lundin breached its obligation to provide IKDAM in light ballast condition, but Regulus failed to prove causation of delay or loss. Regulus repudiated the Towcon by its email of 23 March 2013, which Lundin accepted, entitling Lundin to damages for alternative towage costs. No collateral warranty or implied speed term existed. Regulus not entitled to delay payments or final lump sum.

Court Disposition

Judgment for Lundin on counterclaim; Regulus's claims dismissed except nominal damages.

Orders

  • Regulus not entitled to delay payments or final lump sum.
  • Lundin entitled to US$550,000 and SGD70,546.67 for alternative towage costs, less US$100,000 credit.