Lloyd's Maritime and Commercial Law Quarterly

Professor Francis D Rose

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EXEMPTING CLAUSES AND THE OBLIGATION TO PROVIDE A SEAWORTHY VESSEL AT COMMON LAW

Sunlight Mercantile v. Ever Lucky

The Singapore Court of Appeal’s judgment in Sunlight Mercantile Pte Ltd v. Ever Lucky Shipping Co Ltd ,1 is of general interest to the readers of this Quarterly because of the Court of Appeal’s reasoning on the effect of an exemption clause on the shipowner’s obligation to provide a seaworthy vessel and, in particular, its conclusion that the decision of Langley J in Transocean Liners Reederei GmbH v. Euxine Shipping Co Ltd (The

1. [2003] SGCA 47; [2004] 1 SLR 171; rev’g Ever Lucky Shipping Co Ltd v. Sunlight Mercantile Pte Ltd [2003] SHGC 80 (Judith Prakash J.).

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