Introduction

[1] This action is a sequel to the action in WA-27NCC-36-07/2023 ("the Desert Oasis Action" [2024] 2 MLRH 386; [2024] 1 CLJ 543) which was a case where one Desert Oasis Petrochemical Trading LLC ("Desert Oasis") had filed a Writ in rem action and arrested the Defendant's vessel, ALPHINE MATHILDE ("the Vessel") for failure to deliver some 33,000 +/- 10% MTs of Naphtha ("the Cargo") on board the Vessel on the ground that Desert Oasis is the owner of the Cargo, having purchased the same from Unicious Energy Pte Ltd, the Plaintiff in this action.

[2] In the Desert Oasis Action, this Court found that the sales contract entered into between Desert Oasis and the Plaintiff in respect of the Cargo was a sham transaction and set aside the arrest. Desert Oasis has appealed against the judgment of this Court to the Court of Appeal.

[3] Almost immediate after the judgment in the Desert Oasis Action, the Plaintiff filed this Writ in rem action and proceeded to arrest the Defendant's Vessel on the ground that the Defendant has breached the Voyage Charter Party agreement dated 31 January 2023 entered with the Plaintiff ("the Voyage Charter Party") by refusing to deliver t