SUNLIGHT MERCANTILE PTE. LTD. AND ANOTHER v. EVER LUCKY SHIPPING COMPANY LTD.

[2004] 2 Lloyd's Rep. 174

REPUBLIC OF SINGAPORE COURT OF APPEAL

Before Yong Pung How, C.J., Chao Hick Tin, J.A. and Tan Lee Meng, J.

General average - Expenditure incurred due to unseaworthiness of vessel - Claim by shipowners against cargo owners for general average contribution - Bills of lading relating to deck cargo excluded responsibility of shipowners for loss and damage “howsoever arising” or “howsoever caused” - York-Antwerp Rules, 1974 - Whether actionable fault on part of shipowners - Whether shipowners entitled to contribution - English High Court decision not followed.