JUDGMENT

Wong Kian Kheong JCA

A. Background

[1] We shall refer to parties as they were in the High Court .

[2] The Plaintiff company (Plaintiff) is in the business of selling scrap metal.

[3] The Plaintiff entered into an agreement dated 1 January 2015 with Southern Steel Bhd (SSB) wherein the plaintiff sold scrap metal to SSB [Sale Agreement (Plaintiff-SSB)].

[4] The 1st Defendant company (1st Defendant) owns-

(1) a dumb barge, "Budget 21" (Barge); and

(2) a tugboat, "Budget 11" (Tugboat).

This Judgment shall refer to the Barge and Tugboat collectively as the "2 Vessels".

[5] The 2 Vessels are managed and operated by the 3rd Defendant company (3rd Defendant).

[6] The 2nd Defendant company (2nd Defendant) was the former owner of the 2 Vessels and was named as the carrier of the cargo in the two bills of lading issued in this case (2 Bills of Lading). The contents of the 2 Bills of Lading are similar. Three clauses of the 2 Bills of Lading are relevant in this case, namely:

(1) cl 5(2) [cl 5(2) (2 Bills of Lading)] provided as follows, among others-

"The Merchant [Plaintiff] undertakes that no claim or allegation shall be made against any person or Vessel whatsoever, other than the carrier [2nd