JUDGMENT

Ong Chee Kwan J:

Introduction

[1] In a typical ship agency agreement, the agent handles various aspects of container and transhipment with responsibilities including documentation, customs clearance, logistics, and managing relationships with the carriers and port authorities. In the process, the agent would come into possession of the containers belonging to its principal.

[2] In the present case, the Defendant had an agency agreement with one PT Kaiso Global Maritim, an Indonesian company, and pursuant to its performance of the services thereunder, the Defendant had in its possession some 690 containers belonging to PT Kaiso Global Maritim, which the Defendant had arranged for storage with a third party.

[3] The Plaintiff claims that it has acquired legal ownership of some 292 containers of PT Kaiso Global Maritim currently in the possession of the Defendant pursuant to a settlement reached between the Plaintiff and PT Kaiso Global Maritim. Based on the aforesaid, the Plaintiff sought the delivery up of the said 292 containers from the Defendant.

[4] The Defendant refused to accede to the Plaintiff's claims, asserting instead that the Plaintiff has not acquired legal ownership