The applicant instituted a suit in the High Court against
the Respondent for payment of money for the claim hinged on additional
port charges paid by the applicant due to the Respondent’s act of lodging
manifest as local cargo Part I instead of Transit Cargo Part II as directed in
the Bill of Lading. The Respondent raised preliminary points of objection,
among others, that the Court’s jurisdiction was ousted by the clause contained
in the contract between the parties, which states that, it shall be governed by
the Singapore law. The preliminary point of objection was sustained and the
suit was dismissed. Dissatisfied, the applicant filed the present application
under rule 65 (1), (2), (3) and (4) of the Court of Appeal Rules, 2009, seeking
to have the decision of the High Court revised.